Singleton v Jackson Municipal School District Record on Appeal

    In the

Irtmtrii i ’latni (Eourt of A ppals
F or the F ifth Circuit 

No. 22527

Derek Jerome Singleton, Minor, by Mrs. E dna Marie 
Singleton, His Mother and Next Friend, et al.,

—v.—
Appellants,

Jackson Municipal Separate School D istrict, et al.,

Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF MISSISSIPPI

RECORD ON APPEAL

Jack Y oung

115% N. Farish Street 
Jackson, Mississippi

Jack Greenberg 
Derrick A. Bell, Jr.

10 Columbus Circle 
New York, New York 10019

Attorneys for Appellants



I N D E X

PAGE

Order of March 4, 1964 ......................................................  1

Desegregation Plan—July 15, 1964 ..............................  2

Plaintiffs’ Objections to Desegregation Plan and Mo­
tion for Revised Plan—July 15, 1964 ......................... 6

Order of July 29, 1964 ....................................................  8

Motion for Continuation of Hearing—January 23, 1965 9

Opinion— March 10, 1965 ..................................................  10

Order of March 10, 1965 .............    16

Notice of Appeal— March 12, 1965 ................................... 18

This Designation— March 12, 1965 ..................................  19

Transcript—July 29, 1964 .............................................  20

Transcript— March 8, 9, 1965 ..........................................  75

Appellees’ Witnesses:

Joseph E. Barker
Direct ............................................................................  77
Cross .............................................................................. 91

Kirby P. Walker
Direct ...........................................................................22-103
Cross .......................................................................... 44-119



11

Appellants’ Witnesses:
PAGE

Edna Marie Singleton
Direct ...........................................................................  138
Cross .............................................................................  148

Rev. S. Leon Whitney
Direct ...........................................................................  159

Appellants’ Exhibits:

1. Interrogatories .............................................................. 164

2. Answer to Interrogatories .............................   168

3. Eight Statements for Identification ......................... 227

Appellees’ Exhibits:

1. Transcript of Testimony, July 29, 1965 ................... 20

2. Metropolitan Readiness Test Chart,
(First Grade) .............................................................. 233

3. California Test of Mental Maturity C hart............. 234

4. Metropolitan Achievement Test Chart,
(Fourth Grade) ................................     235

5. Metropolitan Achievement Test Chart,
(Fifth Grade) ................................................................ 236

6. Metropolitan Achievement Test Chart,
(Sixth Grade) ................................................................ 237

7. Metropolitan Achievement Test Chart,
(Seventh Grade) ..........................................................  238

8. Metropolitan Achievement Test Chart,
(Eighth Grade) .............      239



Preliminary Injunction 
Order

[caption omitted]

T his A ction came on for hearing on the plaintiffs’ mo­
tion for a preliminary injunction, and the Court having 
considered same is of the opinion that said motion should 
be sustained.

It is, therefore, ordered, adjudged and decreed that, 
until further ordered by this Court, the defendant, Jackson 
Municipal Separate School District, and the other in­
dividual defendants and their agents, servants, employees, 
successors in office and those in concert with them who 
shall receive notice of this order, he and they are hereby 
temporarily restrained and enjoined from requiring segre­
gation of the races in any school under their supervision, 
from and after such time as may be necessary to make 
arrangements for admission of children to such schools on 
a racially non-discriminatory basis with all deliberate speed, 
as required by the Supreme Court in Brown v. Board of 
Education of Topeka, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 
1083.

It is further ordered, adjudged and decreed that said 
persons be and they are hereby required to submit to 
this Court not later than July 15, 1964, a plan under which 
the said defendants propose to make an immediate start in 
the desegregation of the schools of said school district, 
which plan shall include a statement that the maintenance 
of separate schools for the Negro and white children of 
said school district shall be completely ended with respect 
to at least one grade during the school year commencing 
September, 1964, and with respect to at least one addi­
tional grade each school year thereafter.

Ordered, adjudged and decreed at Jackson, Mississippi, 
this 4th day of March, 1964.

[Signature Omitted]



2

[caption omitted]

Now Come the defendants in the above styled and num­
bered action, by their attorneys, and submit the following 
plan under which said defendants propose to make an 
immediate start in the desegregation of the schools of 
said School District in accordance with that certain prelim­
inary injunction order entered by this Court under date 
of March 4, 1964, and subsequently made permanent by 
order of this Court, as follows, to-wit:

1. That the maintenance of separate schools for 
the Negro and white children of said School District 
shall be completely ended with respect to the first 
grade during the school year commencing September, 
1964, and with respect to at least one additional grade 
each school year thereafter.

2. That for the school year beginning in September, 
1964, all pupils entering the first grade shall be ad­
mitted to the various elementary schools without re­
gard to race, giving primary consideration to the 
choice of the pupil or his parent or legal guardian.

8. That among those pupils in a desegregated grade 
applying for admission to a particular school, where 
adequate facilities are not available for all applying 
pupils, priority of admission shall be based on the 
proximity of the residence of the pupil to the school, 
provided that for justifiable administrative reasons 
other factors not related to race may be applied.

4. That where a pupil in a desegregated grade, or 
his parent or legal guardian, has indicated his choice

Desegregation Plan



3

of schools, as herein provided, and has been notified 
of his admission to snch school, transfer to another 
school will be permitted only in a hardship case or for 
valid reasons unrelated to race.

5. That not later than August 10, 1964, the defen­
dant Board will publish this plan in a newspaper hav­
ing a general circulation throughout the School Dis­
trict so as to give all pupils and their parents or legal 
guardian, notice of the rights that are to be accorded 
them.

Attached hereto marked Exhibit “A ” is a certified copy 
of a Resolution of the Board of Trustees of said School 
District authorizing the adoption of said plan.

[Signatures and Certificate Omitted]

Resolution op B oakd op Trustees op 
Jackson M unicipal Separate School D istrict

A dopted July 14, 1964

W hereas, in the United States District Court for the 
Southern District of Mississippi, Jackson Division, in the 
case of Darrell Kenyatta Evers, et al. v. Jackson Municipal 
Separate School District, et al., Civil Action No. 3379, the 
Court, under date of March 4, 1964, entered its preliminary 
injunction order requiring the Board of Trustees of the 
Jackson Municipal Separate School District to submit to 
said Court, not later than July 15, 1964, a plan under 
which said Trustees would make an immediate start in 
the desegregation of the schools of said School District; 
and

W hereas, said preliminary injunction order of said Dis­
trict Court also required said plan to include a statement

Desegregation Plan



4

that the maintenance of separate schools for the Negro 
and white children of said School District shall be com­
pletely ended with respect to at least one grade during 
the school year commencing in September, 1964, and with 
respect to at least one additional grade each school year 
thereafter; and

W h e r e a s , said preliminary injunction order has now 
been made permanent by said U. S. District Court,

Now, therefore, be it resolveu that the following plan 
be filed with said U. S. District Court as complaince witli 
its said injunction order:

“ 1. That the maintenance of separate schools for 
the Negro and white children of said School District 
shall be completely ended with respect to the first 
grade during the school year commencing September, 
1964, and with respect to at least one additional grade 
each school year thereafter.

“2. That for the school year beginning in Septem­
ber, 1964, all pupils entering the first grade shall be 
admitted to the various elementary schools without 
regard to race giving primary consideration to the 
choice of the pupil or his parent or legal guardian.

“ .'1. That among those pupils in a desegregated 
grade applying for admission to a particular school, 
where adequate facilities are not available for all 
applying pupils, priority of admission shall be based 
on the proximity of the residence of the pupil to the 
school, provided that for justifiable administrative rea­
sons other factors not related to race may be applied.

“4. That when1 a pupil in a desegregated grade, or 
his parent or legal guardian, has indicated his choice

Desegregation Plan



5

of schools, as herein provided, and has been notified 
of his admission to such school, transfer to another 
school will be permitted only in a hardship case or 
for valid reasons unrelated to race.

“5. That not later than August 10, 1964, the defen­
dant Board will publish this plan in a newspaper hav­
ing a general circulation throughout the School Dis­
trict so as to give all pupils and their parents or legal 
guardian, notice of the rights that are to be accorded 
them.”

Be it further resolved that a certified copy of this 
Resolution be furnished to the attorneys for transmission 
to the U. S. District Court for the Southern District of 
Mississippi in accordance with its direction. I,

I, the undersigned Secretary of the Board of Trustees of 
The Jackson Municipal Separate School District, do hereby 
certify that the above and foregoing is a true and correct 
copy of the resolution of the Board of Trustees of said 
District adopted on the 14th day of July, 1964, as the same 
appears on record in Minute Book of said Board.

Given under my hand this the 14th day of July, 1964.

/ s /  Lamar Noble

Secretary, Board of Trustees

Desegregation Plan



6

Plaintiffs’ Objections to Desegregation Plans Filed by
Defendant Boards and Motion for Revised Plans

[caption omitted]

Plaintiffs in the above cases having reviewed the defen­
dant Boards plans of desegregation filed on July 15, 1964, 
as required by the orders of this Court, have concluded 
that such plans fail to meet the minimum standards for 
initial desegregation plans as set by the United States 
Supreme Court and the United States Court of Appeals 
for the Fifth Circuit, and therefore move the Court to 
require defendant Boards to prepare and file revised plans 
correcting the failures set forth below:

1. The plans filed by defendant Boards have failed to 
show why no more than one grade can be entirely desegre­
gated in September, 1964, nor do the plans clearly indicate 
that more than one grade will be desegregated in subse­
quent years.

2. The plans filed by defendant Boards fail to specif­
ically and clearly provide for the elimination of all dual 
school districts based on race through the assignment of 
all children within the grade(s) to be desegregated ac­
cording to a single set of zone lines, which failure places 
the burden of seeking desegregated assignments on Negro 
parents and children.

3. The plans filed by defendant Boards are too vague 
in providing that desegregated assignments may be de­
nied “where adequate facilities are not available for all 
applying pupils,” and “ for justifiable administrative rea­
sons (and) other factors not related to race . . .”



7

Plaintiffs’ Objections to Desegregation Plans Filed by 
Defendant Boards and Motion for Revised Plans

4. The plans filed by defendant Boards fail to include 
provision for all students entering the systems for the 
first time to be assigned on a non-racial basis, and further 
fails to provide a procedure by which students presently 
attending the school systems, but not eligible for attendance 
at a grade being entirely desegregated, may apply for 
desegregated transfers and have such transfers applica­
tions reviewed and determined according to standards not 
based on race and no different than are applied to children 
admitted to the schools where transfers are sought.

Plaintiffs’ omission of other aspects of the relief re­
quested in their complaints, including desegregation of 
faculties, is not intended by plaintiffs’ to constitute a waiver 
of such relief.

Plaintiffs pray that a hearing can be promptly had on 
their objections and motions so that defendants can pre­
pare, file and place in operation a revised plan that accords 
with the provisions set forth above.

[Signatures and Certificate Omitted]

[Filed July 15, 1964].



8

Order

[caption omitted]

This A ction came on for hearing on the plaintiffs’ ob­
jections to the desegregation Plan filed by the defendant 
Board and on plaintiffs’ motion for a revised Plan, and the 
Court having heard evidence, both oral and documentary, 
and having considered same, is of the opinion that said 
objections and motion should be tentatively overruled and 
denied and said Plan should be tentatively approved, with 
this hearing recessed for further hearing on a day during 
the month of February, 1965 for such action as this Court 
may then deem appropriate.

I t is, thebefoke, obdered, adjudged and decreed that 
plaintiffs’ objections to the desegregation Plan filed herein 
by the defendant Board and the plaintiffs’ motion for a 
revised Plan be and the same are hereby tentatively over­
ruled and denied, and that the desegregation Plan filed 
herein by the defendant Board be and the same is hereby 
tentatively approved subject to the further orders of this 
Court.

I t is fuetheb ordered, adjudged, and decreed that this 
Court retains jurisdiction over this action, and that this 
hearing be and the same is hereby recessed to a day to be 
subsequently fixed by order of this Court during the month 
of February, 1965, for approval of said Plan or for con­
sideration of any revisions of, or amendments or additions 
to, or deletions from said Plan which this Court may then 
deem appropriate in the light of developments.

Ordered, adjudged, and decreed this 29th day of July, 
1964.

[Signature Omitted]



9

[caption omitted]

Plaintiffs move the Court to set a date for the continua­
tion of the hearing on the school desegregation Plan filed 
by defendant Board on July 15, 1964, objected to by the 
plaintiffs on the same date, and tentatively approved by 
the Court following a hearing on said objections, on July 
29, 1964, in an order by which the Court recessed the hear­
ing “ . . . to a day to be subsequently fixed by order of this 
Court during the month of February 1965, for approval of 
said Plan or for consideration of any revisions of, or 
amendments or additions to, or deletions from said Plan 
which this Court may then deem appropriate in the light 
of developments.”

W herefore for the foregoing reason, plaintiffs move the 
Court to set a date during the month of February 1965 
for the continuation of the hearing recessed on July 29, 
1964.

[Signatures and Certificate Omitted]

Motion for Continuation of Hearing



10

[caption omitted]

This matter comes on before the Court again on a motion 
for additional injunctive relief and the Court has heard all 
the testimony and has considered the entire record, in­
cluding the testimony on hearings heretofore had wherein 
the Court had issued a final decree on July 6, 1964 requir­
ing the Board of Trustees to file a plan of desegregation 
for the Jackson City Schools, but retained jurisdiction 
after the earlier hearing to consider the matter further in 
the early part of 1965.

On July 15, 1964 the Board filed its plan and on July 
15, 1964 plaintiffs filed their objections to the plan. A  hear­
ing was had on the objections on July 29, 1964, at which 
time the Court entered an order recessing the hearing until 
a later date for further consideration of the approval 
of the plan and the objections thereto. Shortly thereafter 
the Court approved the plan, but reserved jurisdiction for 
further modification, amendments or disapproval, and un­
der the plan at that time approved thirty-nine Negro first 
grade pupils were admitted to eight elementary schools 
in the City of Jackson which had theretofore served only 
white pupils. The matter has now come on for final hear­
ing to approve, disapprove or amend the plan heretofore 
filed and oral and documentary evidence has been intro­
duced.

The Court has considered the entire record and all the 
reasonable inferences to be drawn therefrom and the au­
thorities that have been cited by counsel on opposing sides. 
It is not necessary to review the many decisions which 
have been rendered since the 1954 decision in the Brown

Opinion of the Court



11

case in view of the fact that a very recent opinion of the 
Court of Appeals of this Circuit has considered the matter, 
citing several of the later decisions of the Court of Ap­
peals for the Fifth Circuit touching the questions involved. 
The late case is Jerry L. Lockett, et al. v. Board of Educa­
tion of Muscogee County School District, Georgia, et al., 
decided February 24, 1965, being No. 21662 on their docket
(------Fed.( 2 ) ------------ not yet reported). The facts in that
case, as well as the facts in the case of Shirley Bivins, et 
al. v. Board of Public Education and Orphanage, Bibb 
County, Georgia, et al., decided the same day and in ac­
cord with the Lockett case.

The facts in the case before the Court here today are 
slightly different from the facts in the two cases above 
cited, but the plan of desegregation that I shall direct the 
Board to adopt here is substantially the same as the one 
in the Lockett ease, with slight exceptions which I think 
are justified and required in the plan for the City of Jack- 
son. The plan that I shall direct the Board to adopt and 
put into effect, which approves the plan theretofore filed 
by the Board with some modifications, and a copy of the 
order directing the Board to adopt this plan is attached 
hereto as an appendix and made a part of this opinion.

Subsequent to the order of July 29, 1964 the court ten­
tatively approved a plan which was placed in effect in ac­
cordance with the terms of the plan and as a result thirty- 
nine first grade Negro pupils were admitted to eight 
elementary schools formerly serving only white pupils. 
The testimony today shows this was done without incident 
and has worked throughout the term to the present time 
without incident or disturbance or any complaints, as far 
as the record herein shows. The plan now, as amended 
and directed to be placed into effect, directs the complete

Opinion of the Court



12

desegregation of the entire Jackson Municipal School Sys­
tem within a period of five years. It provides that the 
maintenance of separate schools for the Negro and white 
children of this district shall be completely ended with 
respect to the first and second grades during the school 
year beginning in September, 1965; with respect to the 
third and fourth grades during the school year beginning 
in September, 1966; with respect to the fifth and sixth 
grades during the school year beginning in September, 
1967; with respect to the seventh and eighth grades dur­
ing the school year beginning in September, 1968; and 
with respect to the tenth, eleventh and twelfth grades dur­
ing the school year beginning in September, 1969. This 
comports substantially with the time element announced 
in Augustus v. Board of Public Institutions of Escombia 
County, Florida (Fifth Circuit) 306 Fed.(2) 862. There a 
minimum of six years was allowed, as was the case in the 
Birmingham and Mobile cases, which schools will become 
completely desegregated by September, 1969.

In the Lockett case, supra, the Court stated: “We
pointed out there and in the Gaines case that no inflexible 
standard was intended but certain minimal standards, and 
a degree of uniformity, were necessary where a court is 
to approve or disapprove a plan.” Further, in the Lockett 
case, the Court said: “What we attempted to do in the five 
cases of last summer, heretofore discussed, was to lay out 
minimal standards with some degree of discretion left in 
the hope that school boards, and the District Courts where 
the school Boards fail, would invoke such standards. That 
is still our hope and purpose and it will be up to the school 
Board here to fill the interstices which will remain in the 
implementation of any plan for transition from a segre­
gated to a desegregated school system.”

Opinion of the Court



13

In formulating the amended plan that I am directing to 
be entered I considered with great care the announcements 
of the appellate court requiring a grade at the top and a 
grade at the bottom to be incorporated in each plan, or 
where a plan had been filed beginning with desegregation 
in the higher grades that it must be amended to incor­
porate some of the lower grades. However, after mature 
thought and considering the record in the present case, I 
have reached the conclusion that the highest and best in­
terest of the child or children will be attained by beginning 
with the lower grades and working to the higher grades. 
The experiment of the past year in this district under that 
plan convinces me that the lower grades should commence 
first because the question of discipline is practically nil. 
The relationship of the children of each race with the 
other race will be more easily attained and without fric­
tion or jealousy. They will learn to grow with each other 
without distinction, to respect and understand each other, 
and to play together, and by the time the higher grades 
are reached all likelihood of friction will be ended. 
Whereas, here in the Jackson schools, if we begin with 
the twelfth grade and place together pupils of that age 
without much association prior thereto, with more mature 
minds, more independent thinking, a feeling of ill will and 
unsocialability will of necessity be incurred. The difficulties 
in fights and disturbances that are seen from day to day 
on the television or read in the newspapers will naturally 
stir up a feeling of antagonism and particularly where the 
children of the two races have not been associated from 
early childhood on up. I realize that these considerations 
as a matter of law are usually not taken with much con­
cern, but it is my thought that from an educational view­

Opinion of the Court



14

point the best results will be attained within a reasonably 
short period in this manner.

The record shows that the City of Jackson maintains an 
outstanding school system. The schools are staffed with 
teachers of high standards, highly educated, and managed 
by a Superintendent of long experience in the field of 
teaching. Dr. Walker has been connected with the school 
system since 1935 and has been Superintendent of Schools 
since 1937. He is Superintendent of the entire school dis­
trict and takes active part in the supervision of all schools 
within the district. The quality of training, teaching and 
discipline is excellent. Dr. Walker has testified and his 
testimony is borne out by the answers to the interrogatories 
filed in this case that all pupils of the district receive the 
same educational opportunities regardless of race.

I am fully cognizant of what the Court said in the Lockett 
case, as well as all the other cases mentioned herein, and 
have given mature thought as to whether or not the slight 
discretion that is still left to the District Judges should be 
exercised in this case, and for the reasons hereinabove 
stated, I have reached the conclusion, and find as a fact, 
that the paramount interest of all the children will be sub­
served by approving this plan as amended. The plan 
speaks for itself, but I call special attention to the require­
ment of wide publicity to be given to this plan so that the 
parents of all the children will know in advance what the 
plan is and there can be no doubt in the minds of the 
public, the parents or the children as to what the plan calls 
for when they are ready to make application for admission 
to a school.

It will not be necessary to continue in effect or to issue 
an injunction, because the school authorities have gone on

Opinion of the Court



15

record expressing full cooperation and acceptance of the 
plan and the orders of the Court, and their intent in good 
faith to carry them out. They are men of high character 
and can be trusted to carry out in good faith the orders 
of the Court without any discrimination. I follow the Court 
in the Lockett case and the Bevins case in this respect.

I am this date filing with the Clerk the original of the 
order that is attached to this opinion.

This the 10th day of March, 1965.

[Signature Omitted]

Opinion of the Court



16

Order

[caption omitted]

T his A ction came on for hearing on the desegregation 
plan filed herein by the defendants on July 15, 1964, pur­
suant to that certain preliminary injunction order entered 
by this Court under date of March 4, 1964, and on plain­
tiffs’ objections to said desegregation plan and plaintiffs’ 
motion for a revised plan, and the Court having considered 
evidence offered at a hearing held in Hattiesburg, Mis­
sissippi, on July 29,1964, and evidence offered at a recessed 
hearing held in Jackson, Mississippi, on March 8, 1965, is 
of the opinion that said desegregation plan should be ap­
proved in part and revised in part.

It is, therefore, ordered, adjudged and decreed that the 
desegregation plan filed herein by the defendants be and 
the same is hereby approved, subject to certain revisions 
so that the entire plan as hereby approved shall be as fol­
lows, to-wit:

(1) That the maintenance of separate schools for 
the Negro and white children of said school district 
shall be completely ended with respect to the first and 
second grades during the school year commencing in 
September, 1965, and with respect to the third and 
fourth grades during the school year commencing in 
September, 1966, and with respect to the fifth and 
sixth grades during the school year commencing in 
September, 1967, and with respect to the seventh, 
eighth and ninth grades during the school year com­
mencing in September, 1968, and with respect to the 
tenth, eleventh and twelfth grades during the school 
year commencing in September, 1969.

(2) That for the school years beginning in Sep­
tember, 1965 and each year thereafter, all pupils en-



17

Order

tering a desegregated grade shall be admitted to the 
various schools of the district without regard to race, 
giving primary consideration to the choice of the pu­
pil or his parent or legal guardian.

(3) That among those pupils in a desegregated 
grade applying for admission to a particular school, 
where adequate facilities are not available for all ap­
plying pupils, priority of admission shall be based on 
the proximity of the residence of the pupil to the 
school, except that for justifiable administrative rea­
sons, other factors unrelated to race may be applied.

(4) That where a pupil in a desegregated grade, or 
his parent, or legal guardian, has indicated his choice 
of schools, as herein provided, and has been notified 
of his admission to such school, transfer to another 
school will be permitted only in a hardship case or for 
valid reasons unrelated to race.

(5) That not later than August 15, 1965, the de­
fendant Board shall publish this plan in a newspaper 
having general circulation throughout the school dis­
trict so as to give all pupils and their parents or 
legal guardians notice of the rights that are to be 
accorded them thereunder.

It is further ordered, adjudged and decreed that juris­
diction over the parties hereto and the subject matter 
hereof is retained in order that this Court may amend, 
revise or change the foregoing plan if future circum­
stances require, and in order that this Court may grant 
any other or additional relief to which any of the parties 
hereto may be subsequently entitled.

Ordered, adjudged and decreed, this 10th day of March, 
1965.

[Signature Omitted]



18

Notice of Appeal

[caption omitted]

Notice is hereby given that Derek Jerome Singleton, 
minor by Mrs. Edna Marie Singleton, his mother and next 
friend; Verna A. Bailey and Thomas J. Bailey, minors by 
Samuel Bailey, their father and next friend; Carolyn 
Thomas, minor by Mrs. Kathryn Thomas, her mother and 
next friend; and Brenda LaFaye White, minor by Mrs. 
Elizabeth White, her mother and next friend, appeal to 
the United States Court of Appeals for the Fifth Circuit 
from this Court’s order of March 10, 1965, approving de­
fendant Board’s plan to desegregate one grade in 1965, 
delaying desegregation of all grades until 1969, and failing 
to include other provisions in such desegregation plan as 
requested by plaintiffs.

Note that plaintiffs Darrell Kenyatta Evers and Reene 
Denise Evers, minors by Mrs. Medgar W. Evers; Shirley 
D. Bailey, minor by Samuel Bailey, her father and next 
friend; and Earline Thomas, minor, by Mrs. Kathryn 
Thomas, her mother and next friend, are no longer eligible 
to attend the defendants’ public schools, and thus do not 
join in this appeal.

[Signatures Omitted]

[Filed March 12, 1965].



19

[caption omitted]

Plaintiffs-appellants, pursuant to Rule 75 of the Fed­
eral Rules of Civil Procedure, designate the following 
pleadings, transcripts, orders, etc. in the subject case to 
be contained in the record on appeal:

*1. Order of March 4, 1964

*2. Desegregation Plan—July 15, 1964

*3. Plaintiffs’ Objections to Desegregation Plan and Mo­
tion for Revised Plan—July 15, 1964

4. Transcript—July 29, 1964

*5. Order of July 29, 1964

6. Motion for Continuation of Hearing—January 23, 
1965

7. Transcript with Exhibits— March 8, 9, 1965

8. Opinion— March 10, 1965

9. Order of March 10, 1965

10. Notice of Appeal— March 12, 1965

11. This Designation— March 12, 1965

Note: Pleadings marked* have been made part of the
Record on Appeal No. 21851, now filed with the Court of 
Appeals, and thus cannot be included by the District Court 
Clerk in this Record. However, plaintiffs-appellants will 
prepare the printed Record, and will include such plead­
ings for the convenience of the Court of Appeals and the 
parties.

[Signatures and Certificate Omitted]

Designation of Contents of Record on Appeal



20

[caption omitted]

Transcript of July 29, 1964

A ppeabances :

Hon. Derrick A. Bell, Jr.
10 Columbus Circle, New York, N. Y. 
for the plaintiffs;

Hon. Bobert C. Cannada
Attorney, Jackson, Mississippi

Hon. Thomas H. Watkins
Attorney, Jackson, Mississippi

Hon. Victor B. Pringle
Attorney, Jackson, Mississippi

Hon. Dugas Shands
Assistant Attorney General, Jackson, Mississippi 

Hon. Will S. Well
Assistant Attorney General, Jackson, Mississippi

Mr. Dan H. Shell
Attorney, Jackson, Mississippi 
appearing for the defendants.

B e it remembered that on July 29, 1964, the above entitled 
and numbered causes came on for hearing before Hon. 
S. C. Mize, U. S. District Judge for the Southern District 
of Mississippi, at Hattiesburg, Mississippi, and the follow­
ing proceedings were had and entered of record, to-wit:

(Wednesday, July 29, 1964, 10:00 a.m.)

The Court: Very well, Gentlemen, calling these school 
cases of Evers versus Jackson Municipal Separate School



21

Transcript of July 29, 1964
Colloquy

District, Hudson versus Leake County School Board and 
Mason versus Biloxi Municipal School District. Are you 
ready to proceed?

Mr. Cannada: We are ready for Jackson, Your Honor.
Mr. Bell: We are ready for the plaintiffs.
Mr. Watkins: We are ready for Biloxi, Your Honor.
Mr. W ells: We are ready for Leake County, Your Honor.
The Court: Is there any testimony in the case?
Mr. Cannada: We have been discussing this among 

counsel while waiting for the court to open and, subject 
to the Court’s approval, and we have agreed that insofar 
as the City of Jackson is concerned that we would put the 
superintendent on, the trustee of the district, put him on 
and take his testimony and let him be submitted for cross- 
examination by the plaintiff and that would be our case, 
if that meets with the Court’s approval.

The Court: Very well.
Mr. Watkins: If it please the Court, we have one wit­

ness to put on for the Biloxi school system.
Mr. Wells: We have one witness to be put on for Leake 

County school system on the same basis.
Mr. Bell: That would be satisfactory to us. Your Honor, 

and, in addition, I would like to pass up a copy of a brief 
in support of our objection, and I have given copies to 
counsel opposite.

Mr. Watkins: I would like to submit a brief in support 
of our position as to our opposition to the objection.

The Court: Very well. Let the witnesses come around 
and be sworn.

(Whereupon the witnesses were sworn.)



22

Mr. K irby W alker, called as a witness, having first been 
duly sworn, testified as follows:

Direct Examination by Mr. Cannada:

Q. Will you give your full name to the reporter? A. My 
name is Kirby Walker.

Q. Are you the superintendent of the schools of Jackson, 
Mississippi? A. Superintendent of the Jackson Public 
Schools.

Q. Are you the same Kirby P. Walker who testified in 
this case on its merits? A. Yes, sir.

Q. Since that time, Mr. Walker, have you had any con­
nection with the order of the court in which the trustees 
of Jackson Municipal Separate School District, in which 
you were defendants, were ordered to submit a desegration 
plan of the schools of your district? A. I have, as ad­
ministrative officer of the Board of Trustees of the Jackson 
Public Schools.

Q. And upon the decision of the board to submit a plan, 
did you make a recommendation to that board? A. I have.

Q. Mr. Walker, would you state to the Court and for the 
record what has been done by you and your staff since an 
order of the court recently issued in the preliminary in­
junction up to and including the submission of the plan 
and the reasons why you recommended this plan to the 
Board of Trustees? A. If I may, I would like to relate 
this in terms, really, of the chronology of it and make some 
comments with respect to the nature of our work in this 
connection. Wre assumed as a staff for the board of trustees 
of Jackson Public Schools that for all practical purposes 
of school operation we reesumed that school desegregation

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23

is now beyond the debating stage in this district and that 
we had a task to do as the board had assigned us and the 
court had ordered ns. We recognized as we attacked our 
job that eveiy school district is distinctively different; 
each has its own particular characteristics, social, economic, 
educational, cultural. We recognized that there was no 
federal pattern or national pattern or any control of 
educational structure or plan on a national basis. We felt 
that the employees of the school board administratively 
our job was to get on with the work on a good basis, and 
that we proceeded to do. We felt that we had a control 
in our action, namely, that there should be no serious and 
permanent injury to the school system, that is, to pupils 
and teaching personnel in the devising of plans to desegre­
gate the school system. That lead us then to two. That 
led us then to two basic reasons for recommending the 
plan that was adopted eventually. One of them had to do 
with the educational aspects of it and the other had to do 
with the administration of it. I f  I may I would like to 
refer to the segregation plan that has been adopted. It 
declares that the maintenance of separate schools for Negro 
and White children of Jackson Public School District shall 
be completely ended with respect to the first grade com­
mencing with the school year 1964, and with respect to at 
least one additional school grade each school year there­
after. Second, that for the school year beginning in 1964 
all pupils entering the first grade shall be admitted to the 
various elementary schools without regard to race—there 
are thirty-eight of these— giving primary consideration to 
the choice of the pupil or his legal guardian or his parent. 
Third, that among those pupils in a desegregated grade 
applying for admission to a particular school— and that

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24

would be this year—and that would be the first grade— 
that where adequate facilities are not available for all 
applying pupils priority of admission shall be based on the 
proximity of the residence of the pupil to this school, pro­
vided that other justifiable administrative reasons, other 
factors not relating to race, may be applied. In simple 
language that simply says that the children who live 
nearest the school would have first call on the school 
facilities, provided that for justifiable administrative 
reasons not related to race, other factors may be con­
sidered. Fourth, that where a pupil in a desegregated grade, 
or his parent or legal guardian, has indicated his choice 
of schools and has been notified of his admission to such 
school the transfer to another school be permitted only 
in a hardship case of a valid reason unrelated to race.

Finally, that the plan would be published in a newspaper 
having general circulation in the district not later than 
August 10th so that all persons would know their rights 
to be accorded them under that plan.

After the court order in March, the Board of Trustees 
instructed its staff to study and to investigate plans of 
desegragation of schools in other parts of the country. In 
April members of the staff visited some fourteen school 
systems that had been desegregated. We made reports to 
the Board of Trustees on these visits, what we found, what 
we observed, what seemed to be plausible, what seemed 
to be administratively sound. In May we were somewhat 
interrupted in our work because of the hearing on the 
merits of the case and that consumed some week or two 
of our time in preparation and hearing. Then in June the 
ruling of the court was received and, as I stated at the

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25

outset, we assumed that for all practical purposes of school 
operations that we were beyond the debating stage and we 
were in strictly a line of getting the job done with dispatch. 
On July 14th the school board recommended—I mean 
adopted the plan which has been recommended, and on 
July 15th, which is the following day, we began staff con­
ferences and conferences with principals of schools looking 
to the implementation of the plan adopted by the board by 
the opening of school on September 14th. I would like to 
point out what we consider the educational finding of the 
plan that has been adopted. First of all, we have tried 
to keep in mind that our task was to provide education for 
the youth in our school district, without regard to race, 
and there seemed to be some very positive reasons for 
desegregating our schools beginning with grade one. 
Briefly, they are as follows:

(1) The first grade child, who typically is six years of 
age, is more likely to adjust to changes than is a pupil al­
ready conditioned by school attendance of a year or more 
in our system. It was our considered opinion that the child 
would find contentment, security, would be at ease more 
readily as a beginning pupil that if he were at an advanced 
age or grade. It Avas our sole conviction that the first grade 
child is more amemable to teacher control than is an older 
child. He is more docile; he is more willing to take 
directions. This seemed to be important to us from the 
standpoint of getting right on with the teaching.

Third, that the time of teachers at all levels can be devoted 
to instruction rather than trying to blend different pupils 
into class situations if they were of advanced age, as 
against a beginning age, a first year child.

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26

Finally, because this is a new area of educational experi­
ence for our district and for our people, it was our belief 
that the experience that we would gain as teachers, as 
parents, as pupils could be built upon on a one-year basis 
beginning with a first grade child and then advancing from 
that point on. Much more effectively than if we tried to 
start at some other point. Simply, it would appear to us 
that with a year’s experience with children in mixed classes 
that we would have a performance for, not only the pupil, 
the class, a grade of children; that the teachers then as the 
child would move to the next grade would have clear 
records of adaptation, of performance, of achievement, 
achievement ability and their work would be better planned 
to deal with these children in light of the experience of the 
teachers in a school with mixed classes.

Now I list those and cite those as positive reasons for 
selecting and recommending that the desegregation of 
schools in this district begin with the first grade. There 
are some negative factors that seem to us ought to be 
considered in the matter of looking beyond desegregation 
of more than the first grade at the outset. I am sure the 
testimony Avhen the case was heard on its merits made it 
crystal clear than in Jackson public schools there had been 
a record for more than a quarter of a century that there 
Avas a disparity in the ability to do the things that children 
do at school and in their achievement in doing these things 
as between the AAdiite and the Negro pupils and that this 
disparity was so marked and increased over the years as 
the child advanced that Ave Avould simply be dislocating, 
educationally, any child that Ave attempted to place at 
a grade beyond the first grade. The best evidence Ave have

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27

is that at the first grade level all children seem to be nearer 
together than in any subsequent year. Now, if there is any 
merit in the idea of mixing as opposed to separate schools, 
it would seem that we would he approaching this on the 
best basis and on a good-faith basis to do what we can to 
keep this disparity from developing at a later time. The 
second thing which is a negative factor as we looked at it 
was that our teachers are not prepared to revise their 
actual daily lesson plans and their designed programs to 
fit such heterogeneity in class composition above the first 
grade level. Now bear in mind, as I have said earlier, that 
the first grade children we believe are nearer together in 
the ability to do school work than at any other time that 
we have records for the twelve years in our school system. 
It would seem then that we would have less demand on 
teacher time to get ready to deal with desegregation of 
schools this Fall by working with first grade pupils than 
with any other group of teachers we would have. This 
works both ways, whether you have mixing in schools that 
were formerly all white or mixing in schools formerly all 
colored. The third negative consideration here was that the 
older child— the older a child is to a mixed situation the 
more alien he is to his class environment and school 
environment and learning environment. From the psychol­
ogy of learning and what little we know in education about 
the child’s behavior, we are aware of the fact that the 
child who is alien to his class environment is more likely 
to be a exhibitionist, a show-off. The teacher is going to 
more likely find himself involved in the exercise of more re­
straint, more disciplinary action on such a child.

And finally, when you get these two conditions prevailing 
you are going to find, or we think we would find, that we

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28

would have more demand made on the time of parents, 
who would be coming to school for conferences to inquire 
why the child was being managed as he was or why he was 
not performing as the group to which he was assigned was 
performing; that teachers would be taken from their 
responsibilities as teachers to really try to placate, ap­
pease, and try to explain to parents why this condition 
prevailed.

Finally, this may have seemed speculative to an extent, 
but we feel that we have observed enough as adminis­
trators and educators to give some emphasis to this. In 
our visits to school districts throughout the South in some 
fourteen districts, we found that in conferences with 
teachers there were in mixed-class situations, particularly 
at the upper level as they moved along in the upper grades, 
that teachers were asking for transfer out of class situa­
tions that were pretty badly mixed, not on the basis of 
ability, performance, or on the basis of the management 
of the children. And this seems to accompany where they 
have experienced considerable desegregation. Well, prac­
tically, to the school administrators it seemed to make real 
sense to us not to add to the burden or taxing of teachers 
in their work any more than necessary, nor than to disturb 
their morale any more than necessary. Teachers are rather 
in short supply in certain areas of the country. They are 
able to find employment rather easily, and we feel that we 
see no particular point in devising a plan just for the sake 
of planning that isn’t based on the likelihood of your work 
being done as capably as your people can do it if you 
exercise good judgment in determining what your deseg­
regation will be. I think this fairly covers the factors that

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29

we considered in recommending to the board that the plan 
of desegregation for the schools in the system we represent 
beging with grade one.

Q. Mr. Walker, in connection with that point you made 
just now, of course you start it with one grade in Sep­
tember and the plan anticipates at least one grade each 
year thereafter, but you have testified concerning the 
disparity of the achievement and mental I.Q. of the chil­
dren of the Jackson Municipal School District and that 
there will be very little difference starting at the first 
grade. If in fact, you moved up and took in the second 
grade, that is, the grade that was the first grade last year 
and will be the second grade this year, based on your past 
experience and insofar as their aptitude, mental I.Q. and 
achievement is concerned, is there in your judgment as an 
educator sufficient disparity between those particular 
groups of children that would be in the second grade next 
year as to make it certainly highly inadvisable that those 
particular children, from their own standpoint, that they 
be sent to the same school? A. My answer in brief would 
be yes, but I think this was documented again in the re­
sponses to interrogatories that came to us back some weeks 
ago. And as I recall, this is an illustration of the point 
that I tried to make a moment ago: that if we move beyond 
the first grade we immediately invite a spread in mental 
ability that will call on teacher time and administrative 
resources to do a teaching job that is going to be made 
pretty difficulty. At the first grade level— I tried to make 
this clear— at the first grade level the disparity in mental 
ability between the white and colored pupils is limited. 
They are rather close, at least so close that we have got a 
working group of children, a working class. When I refer

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30

to a class I am referring in this instance to grade one. In 
grade two, as of last Fall, the fall of 1963, the mean I.Q., 
scores of the second grade pupils in our school system— 
and this covers about 4,000 students—the I.Q. of the white 
child was right at 105 and the I.Q. of the colored child was 
right at 91. Well, that’s a fifteen point spread. At the fifth 
grade that disparity has increased, the white children going 
to 108 and the colored children dropping to 86.4. There 
we have a twenty-two point spread. At the eighth grade 
it’s 107 for the white pupils and 78 for the colored pupils; 
and the tenth grade 105 for the white pupils and 77 for the 
Negro pupils. This says right on the face of it that any 
attempt to bring these groups together on a pre-choice 
basis would simply complicate daily instruction and you 
do them the damage that I have referred to at the outset— 
serious damage to both levels of pupils and to the teachers 
because the group is going to be very different on this 
sort of arrangement.

Mr. B ell: I think, if I may interrupt, that while 
it probably can be presumed, maybe we should make 
the record clear that we would make the same ob­
jections to the use of this testimony to limit the 
amount of desegregation that can be taken at any 
particular time, for the purpose of justifying reten­
tion of desegregation. So Ave Avould object to its use.

The Court: Very well. Let the objection be noted 
and I will overrule the objection. I think the testi­
mony competent to be considered by a court in 
determining the ultimate question here involved.

Q. Mr. Walker, these records to which you have testified 
of course are facts that you know to be true insofar as they

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31

pertain to the children in the district of the public schools? 
A. Our school district, yes, Sir.

Q. And I believe you testified that even as to the second 
grade there has developed a sufficient disparity to make it 
educationally unwise or more difficult? A. Well, more 
simply, if we had to in September of 1964 deal with any 
other than the first grade we Avould find teachers unpre­
pared to deal with groups that are as far apart as these 
groups would be, based on the records we have now.

Q And under the proposed plan of this school board, 
you would take first graders to start out more nearly the 
same and try to carry them along at the same level all the 
way through in an effort to make the educational system 
work? A. Eight. We would have the experience at the 
end of a year and if the disparity had not developed we 
would know the technique and device we were using were 
working effectively and we could move to the second year 
with a great deal more confidence than we could now.

Q. Whereas as it now stands, regardless of what is done 
this disparity in the upper grades is there and will have 
to be met if you jump beyond the first grade. A. That’s 
right.

Mr. Bell: Let me interrupt and say that my pro­
fessional status requires that I object to the leading 
question.

The Court: Yes, that is leading. Sustain the ob­
jection.

Q. Mr. Walker, we now go to the next phase of your 
testimony as it pertains to the administrative problems. 
You have given basically your educational reasons for the

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32

first grade and the first grade only tills Fall. Are there 
any administrative reasons why in your judgment no more 
than the first grade can be desegregated in this district in 
the year beginning September of this year? A. Yes, Sir, 
and I would like to comment on those, if I may. If I could 
review to the Court, I would like to state that this is a 
school district which we serve that has this last year ap­
proximately 38,000 pupils enrolled. It has been growing 
rapidly at the rate of about 1,500 pupils a year. There are 
approximately 2,200 or 2,300 employees, of which number 
about 1,400 or 1,500 are teachers and principals, super­
visors. We have with the increase in enrollment, with the 
turn-over in staff by virtue of retirement or resignation, 
illness, death, of other causes, we have about a fourteen 
or fifteen percent turn-over in teaching staff. The board 
has had to fill, on an average, a class room each week for 
the last fifteen years. This has been going on and the ex­
perience is still with us and we now have had this problem 
of dealing with the matter of desegregating schools. As 
an administrative staff we have not been enlarged to any 
appreciative degree in administering these schools. We 
have had to make forecasts of enrollments, we have had 
to project building needs, we have to give original impetus 
to needs for bond elections, provide the basic data on which 
people could act, casting a ballot on whether or not they 
wanted to build schools. We have had to plan school build­
ings, we have had to be in the position of studying the 
areas in the district, which is about seventy square miles 
in total, and giving the board our best judgment as to the 
areas in which buildings would be needed or in which sites 
had to be acquired, involving at times condemnation suits. 
This may not have an immediate bearing on the problem,

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33

but it keeps the staff involved. We are busy, is what am 
trying to say. This past year, for example, this was a 
legislative year. The legislature found fiscal problems of 
rather acute nature, financing the business of the State, 
and one of the last pieces of legislation in the appropria­
tions was the appropriation of funds for the operating of 
schools for the years 1964-66, and the greater part of that 
appropriation, of course, is that of having to do with the 
fixing of salaries of teachers in the public schools of the 
state. We were held in suspense, literally, electing teach­
ers, issuing contracts, until the very last week of the school 
year. We are to this date still recruiting and staffing for 
1964-65. Our school budget had to be prepared and ap­
proved and filed by July 15th, which, incidentally seemed 
to be another date which we had to meet for certain. We 
at the same time, beginning in March, were aware that we 
were under a temporary injunction and had to, as the 
board had directed, study the whole business of desegre­
gating. We had to visit these other school districts, which 
involved weeks of time, and, finally, as I mentioned earlier, 
in May we had our day in court and judgment was finally 
received. The board acted, in my opinion, as rapidly as it 
possibly could, and on July 14 the staff had its orders and 
we then began to operate under forced threat. We have 
cancelled vacations for our general administrative offices. 
Next Monday, August 3rd, we expect to present to the 
Board of Trustees a complete outline of the procedures to 
be used in compliance with the plan of desegregation which 
has been submitted to your court for approval. In all 
candidness as a practicing administrator, we have done 
what wo could do to the very best of our ability, with no 
semblance of dragging feet or being recalcitrant or being

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34

contrary the least bit. We have earnestly tried to keep 
the education of all these young people at the heart of 
what we are doing. It was our feeling that once the hoard 
said “desegregate” , that the mechanics of this had to be 
perfected as rapidly as we could and we have done that 
sincerely and without any thought of subterfuge or being 
careless. We have, as I said, a limited staff of persons to 
assist us in to assist us in this work. I won’t say that the 
desegregation problems have brought us to these particu­
lars that I am going to mention, but I would say this: 
that in the total task, the total assignment we have, I can 
understand how it would be extremely difficult for us ad­
ministratively to do more than we have done and do it with 
credit to children and to the community that we serve. We 
have a director of curricula. He has the responsibility for 
recruting and having conferences arranged with principals 
to that the schools will be staffed when September comes. 
I just talked with him yesterday. He is still wofully be­
hind with his work. He has had to be a party to many 
conferences that have to do with the work of the district 
1 have mentioned here, plus the work that is on us for 
desegregation. The time might have well been used in get­
ting teachers interviewed, recommended and assigned. A 
project that has been underway this year has been prepar­
ing a suitable guide for our substitute teachers. On an 
average teachers will be absent four or five days a piece 
out of a school year. For fourteen hundred teachers that 
means somewhere between five and six thousand days of 
substitute teaching that has to be done. It is our feeling 
that the work of substitute teachers should be more than 
baby sitting or child care; that instruction should go on. 
It. has been his assignment, working with a group of teach­

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35

ers and principals, to try to prepare by this September 
a guide for the use by substitute teachers to make their 
work more effective. This has been in suspense for months. 
Our director of testing in special education, we felt with 
the problems on us we could no longer delay trying to make 
some extra provisions for children who are retarded, 
educationally and mentally retarded. At considerable 
sacrifice on the part of the others we arranged for him to 
go and spend some time in an eastern university trying find 
some ways to find more people who can work with children 
who are educationally and mentally retarded. He has been 
out of the office for some days, weeks. The Assistant 
Superintendent, who has the responsible of educational 
programs in working directly with principals in our sys­
tem, is Chairman of the School Plant Planning Committee 
for our district. At the present time on the drawing board 
there are four high schools. This involves much planning 
to give architects that we expect to operate these buildings. 
The time of this man, who is chairman of this group, is 
extremely important this season of the year because we 
hope to have these buildings under contract this Pall and 
ready for occupancy in the Fall of 1965.

The director of our curriculm and one of his assistants 
have been hospitalized in the last few weeks, or ill, and 
they have been removed from their duties, one about three 
weeks and another one about two weeks, and they are 
behind with their work. The director of our schools, who 
works in a particular assignment with our colored teachers, 
principals and staff, has been placed under doctor’s care. 
He’s a young man—forty-two or three years old. When he 
went for his annual physical, which is required of all em­
ployees, all teachers, principals and administrators of the

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36

school system, his physician called me and said that his 
blood pressure is such that “I am quite concerned and I 
would advise that he be given a period of rest.” This has 
been done and he was out of his office for about three weeks.

These are practical problems of administration, all of 
which had bearing on our judgment that we had done in 
good faith as much as reasonably expected to do in the 
desegregation of schools in this district beginning in Sep­
tember of 1964.

I might just recap, if I may, by saying that as we see 
it in arriving that the judgment that we have, that it ap­
peared to us that the Supreme Court in its decision back 
in 1954 recognizes that pupils have freedom to choose the 
schools they wish to attend. This is exactly the plan that 
we have proposed to our Board of Trustees—a plan that 
would permit desegregation of schools in our district with­
out either educational or social chaos. Up until the close 
of this past year, with what we believed to be strong and 
convincing evidence in the school system that we serve, 
there have been separate schools operating in our judg­
ment that were better, and there has been no real com­
pelling reason, as we saw it, certainly no educational basis 
for tis as administrators to try to alter the plan for the 
education of the children of the district that we serve. Now, 
with this order to desegregate and the plan that has been 
adopted by the board to become effective in September, it 
seems to me in my view that this plan should be instituted 
on as beneficial a basis as possible, educationally speaking, 
and that we should try to avoid so far as possible confusion 
and chaotic conditions in the operation of the schools. That 
is the plan that we have submitted to the board and that 
they have approved.

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Q. Now, Mr. Walker, your testimony that you have given, 
as I see it, pertains to the question that if there is to be a 
change in the plan for the first grade for the course ’64-65 
your administrative problem would be as described? A. 
Would be compounded and complicated.

Q. W ould any other educational and administrative du­
ties suffer as a result of that? A. Well, it would be a 
matter, of course, of making judgment as to what would 
be neglected. The answer is yes, as to things would have 
to be neglected. What they would be, at the moment I am 
not prepared to say. Certainly something would have give. 
What we tried to do blend into a plan of operation that 
which is good educationally and will not be demoralizing to 
people who have got to administer a school system as 
they would expect to do it with credit to themselves and 
their community.

Q. Mr. Walker, getting back to the plan, some objections 
have been filed concerning the operation of the plan and 
it is important that you explain exactly how this plan 
would operate. As superintendent of the schools, will you 
be the chief administrative officer that will supervise the 
operation of this plan? A. I will.

Q. Under the present set-up, unless there is some change 
by the board, unless there is some change, insofar as grades 
two through twelve are concerned would you still continue 
to supervise those as you have in the past? A. Yes, Sir. 
As of this time—and we had to presume that we were on 
good ground and defensible ground and I have tried to 
justify the action we have taken and to the recommenda­
tions that have been made. We have prepared and will 
release shortly complete written instructions to the parents, 
pupils, principals, teachers as to the assignment of pupils

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38

in grade two to twelve for the session of 1964-65. I might 
say further that the mechanics of dealing with the entire 
school area, grades one through twelve, have been pre­
pared; and, as I mentioned earlier, next month we would 
hope to submit those to the board of trustees so that they 
would know the direction we propose to take and would 
so approve.

Q. But, basically as to those grades there is administra­
tion, of course, and that you have done and you are pre­
pared to move ahead! A. That is correct.

Q. Under this plan where you are desegregating as to the 
first grade, how will that work under this plan? A. Well, 
on August 10th there will be published in a newspaper in 
the district a legal notice as to the plan that is approved, 
and it would be, as I would imagine at the time, really the 
essence of this document that was filed and adopted by the 
board on July 14th. As I would interpret it, the first state­
ment here is that the people of our school district would 
know that the maintenance of separate schools for Negro 
and white children would be completely ended with respect 
to the first grade beginning this fall and with respect to 
one additional grade each school year thereafter. That 
would be known, and where heretofore we have had twenty- 
six schools attended by whites, twelve attended by Negroes, 
that beginning this year there will be thirty-eight elemen­
tary schools and every child—and our best estimate is 
that there will be between three and four thousand of these 
pupils— they would have choice to admission of any one of 
these thirty-eight schools without regard to race. That is 
covered in the first two items of this plan. So, any child, 
white or colored, would have opportunity to enter any one

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39

of these thirty-eight schools as he or his parents choose. 
Now, obviously, if all three or four thousand of them ap­
pear at one building, they could not be accommodated.

So, the third provision is that among those pupils in a 
desegregated grade, which is in this year the first grade, 
applying for admission to a particular school where facili­
ties are not adequate—now we may comment on what we 
mean by adequate facilities: well, buildings are usually 
built to accommodate on an average of about thirty chil­
dren to a teaching station. If there were twelve teaching 
stations we would say that that would accommodate 360 
pupils. We know that is a planning figure, but we would 
finally look at what is a reasonable work load; we would 
want the school’s quality of work recognized and accredited 
and so we would have a limit as to the word “ adequacy” . 
We certainly would not be in an attitude of placing more 
children in a class room— or putting so many children in 
a class room—that the accreditation of the school would be 
jeopardized.

Again, there might be a room in the building that could 
be used as instructional purposes but not as teaching, and 
where you would have, say, three or four or five more 
children than could be accommodated in a class it would 
not make good administrative sense to employ teachers 
to teach these four or five pupils but, rather, to limit the 
classes to the staff and the facilities that are available 
and to give the children who are nearest that building an 
opportunity to attend another school. The priority of 
admission here is based on the nearness of the child’s resi­
dence to the school that he wishes to attend.

Now, there’s another provision here—

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Kirby Walker—for Defendants—Direct



40

Q. Up to that point, Mr. Walker, if I may interrupt 
just a second, this attendance and in determining the ade­
quacies of the facility, will the race question enter the 
picture. A. Using the language that I have seen some 
where, we will be color blind with respect to the first 
grade.

Q. All right, proceed. A. Now, the next provision under 
Item 3 here is :

“ provided that for justifiable administrative reasons 
other factors, not related to race, may be applied in 
making decisions as to who is admitted.”

Now, that language is a little general there, a little 
loose, and was written that way on purpose. I think, if 
I might have access to a district map where these thirty- 
eight schools are I can make myself understood.

Q. Mr. Walker, I hand you a map here that shows— a 
map of Greater Jackson, and ask you if you recognize that. 
A. Yes. This was prepared at our direction.

Q. What is it? A. It’s a map showing generally the 
bounds of the school district, which includes all of the 
City of Jackson and some twenty-five or more square miles 
additionally. On it, by symbol, there has been placed the 
approximate location of the thirty-eight elementary schools 
to which reference has been made as desegregated schools 
beginning September 1964, and in which somewhere about 
three or four thousand first grade pupils would be expected 
to be admitted.

Mr. Cannada: We would like to offer this as an 
exhibit to the testimony.

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Kirby Walker—for Defendants—Direct



41

The Court: Very well, let it be received in evi­
dence and marked as an exhibit.

(Same received and marked Defendant Exhibit 
No. 1)

Q. Mr. Walker, in talking about your problem of using 
other factors other than just proximity as a justifiable and 
administrative reason for determining assignment of a 
student to a school, can you give to the Court an illustra­
tion of the type of thing you are talking about. A. I think 
I can do it very easily. Here, for example, are two elemen­
tary schools roughly within a mile and a half of each 
other—

Q. Excuse me just a moment. A. Here are two elemen­
tary schools roughly within about a mile and a half of each 
other. Let’s assume for illustration that when the first 
grade pupils present themselves that we have more chil­
dren presenting themselves for admission than we have 
facilities to accommodate them. Let’s take a child who is 
right here (indicating on exhibit), who is a mile and a half 
from this building. Now, he says, “ I can’t go here because 
you have already filled up the building with children who 
are nearer this building than I.” Well, that’s what this 
plan says—that the person in the proximity is going to be 
the first factor considered. But it makes reason, and is the 
considerate thing to do for this child to say to him, “ all 
right, you may attend.”  We’ll take another child who is 
nearer another school and further from this school and 
say to him, “ you may choose— ” not necessarily go to this 
school, but “you may choose another school than this one,” 
because it doesn’t make rhyme or reason that this child

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42

should be required to go already a mile or better to another 
mile or better to get to this school when this one is more 
convenient to him and he wants to attend it. So, the point 
here is primarily for convenience where we have a situa­
tion, not related to race, that makes just good common 
sense and good management in accommodating a child at 
a school nearest. Now, that’s one type.

Here’s another. Here is a child who lives, we’ll say, at 
this point here (indicating on exhibit). The nearest school 
to him is here. The school is filled up. Very well, then you 
say to him, “ you go here” , which is two miles from him, 
or “ go here” , which is two and a half miles from him. That 
doesn’t make sense when a child may be here, who has 
chosen to go here, and is within a nearest distance to here 
than he is to here. So this child would be, for administra­
tive reasons, given preference, again without regard to 
race.

Now, let’s illustrate again. Buildings differ in design 
and in their arrangement. We can’t begin to anticipate all 
of the reasons that the people will have to ask for some 
special consideration with respect to the admission of a 
child when he is not the nearest child to it. This happened 
last week. A mother called and she said, “ my child has 
had polio and has to use a wheel chair. We live within two 
blocks of a school. This child will be in the first grade. He 
is nearer this building than any other. Can he elect to go 
to another school that is farther removed from our resi­
dence than the one he is proposing to attend” , or we would 
ordinarily think he would attend?

The answer was, “yes; he can attend any one of the 
thirty-eight schools provided there adequate space for him.” 
The only point that she had in mind is that the building

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43

be such that the child can come from the street level into 
the building without having to use stairs and can get to 
the lunch rooms and toilets without having to use stairs 
and have an attendant to get him about. Again, for admin­
istrative reasons it would make sense to us to say to that 
parent, “ where we have a school that meets your condition, 
we will look with favor on admission of this child because 
of the hardship condition existing,” without regard to race 
and without regard to the proximity of his residence to 
that particular school.

These illustrations are, I think, sufficient to make the 
point that a school board should have administratively, 
at least give its staff, the right to exercise good sense judg­
ment in school operation; and that is all this is. This has 
really nothing to do with the desegregation plan.

Q. Under that language in that plan the proximity would 
be primarily controlling, but provided for justifiable rea- 
ons other factors not related to race may be applied? I 
don’t want to lead you, but I do want to get this point over, 
that there are many varied factors that might come up and 
you have not attempted to identify them in the plan except 
to except to state and assure the Court that they will not 
be related to race; is that correct? A. That’s correct, and 
that we just simply cannot anticipate for the community 
of 38,000 children all of the conditions and circumstances 
that may justify a judgment that we feel would be reason­
able to exercise, at any time, under any sort of school 
operation.

Q. Mr. Walker, is there anything further you would like 
to say in connection with this matter? A. I believe that 
is sufficient.

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Kirby Walker—for Defendants—Direct

Mr. Cannada: That is all.



44

Cross Examination by Mr. Bell:

Q. Let’s just start from where we are. You indicated 
that there are many varied factors and showed us the 
proximity problems that might arise and problems of the 
infirmed child. Are you telling the Court that while a 
child in the first grade was seeking a desegregated educa­
tion may not for one of these reasons be able to obtain 
admission to the school of his choice, that is, the closest 
desegregated school, that under those circumstances would 
a child who wants a desegregated education in the first 
grade be frustrated in his efforts to obtain it? A. That’s 
a rather complicated question. I don’t want to try to 
answer it and not understand it. Could I rephrase it and 
see if I have your question?

Q. Go ahead. A. Are you saying to me, “do I smell a 
rat in this plan?”—is that what you are saying?

Q. Not really. I want to know, will every first grade 
child who wants to go to a school formerly— A. Segre­
gated?

Q. —for children of the opposite race, will he be able to 
have that choice? A. My answer is yes, except under 
the provisions as stated—for justifiable reasons. And it’s 
got to make sense; it’s not to be related to race.

Q. Well, you said yes, and then you indicated maybe no. 
Now, my point is that perhaps a Negro child may not be 
able to go to the closest white school for one of these 
administrative reasons, but is there any possibility a Negro 
first grader would not be able to go to a formerly white 
school? A. No, none that I know of. I f he lives nearest 
the building, certainly he can go there.

Q. Suppose he lives next door to what was once a Negro

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45

school? A. That won’t matter if we can accommodate him 
in another school.

Q. If the closest white school is a mile away and it is 
filled by students living closer than he— A. They would 
have priority, but he could pick another.

Q. I see. A. He has choice until he is satisfied, as long 
as we’ve got space.

Q. Is it correct that some of the students in the Jackson 
school system are transported to school by bus? A. Yes, 
about, I would say, approximately thirteen or fourteen 
hundred.

Q. What is the standard? A. He has to be a resident 
of the district outside of the municipality and more than 
one mile distant from his home to the school to which he 
is in attendance.

Q. What you are saying is that no child within your 
school district is eligible for bus transportation ? A. That 
is true, with the exception of a child who was mentally 
handicapped. He is transported at school board expense, 
if he lives a considerable distance from school. There are 
probably a hundred or so of those. I don’t think that is 
really germane to the subject.

Q. What is the basis for the bringing in of students into 
your system who are not living within the school district? 
A. That’s a legal transfer.

Mr. Cannada: I f the Court please, I think there 
is confusion here. He has reference to the city 
limits, but the attorney is using the word “district” 
and we should be talking about the city limits.

Mr. Bell: Oh, I see.

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46

A. The City limits. Under the state laws pupils are en­
titled to transportation if they are living in the school 
district beyond the city limits and are one mile or more 
from the building which they are attending.

Q. Now, as a part of this bus transportation as pro­
vided, has it been found necessary for administrative or 
other reasons to take children past one school, which in 
the past they were eligible to attend, on to another school. 
A. I don’t know about this “ eligible to attend.”

Q. Well, people who are eligible for bus transportation, 
are they inevitably taken to the closer school? A. No, 
they are taken to where we have facilities—usually. For 
example, we may have a building that would have five 
class rooms that would not be filled and we could take 
fifty children to that building from this added area outside 
of the municipality. We could drop fifty of them there; 
we might drop fifty of them at another building and fifty 
at another—where we could accommodate them. These 
children in these added areas are so sparsely, so spread 
out over an area, it would hardly justify building of 
schools in these sparsely settled areas and we use trans­
portation to overcome that problem and take them to a 
school where they can be accommodated.

Q. If I interpret the answer correctly, if there would be 
Negro students who would choose a desegregated school 
that would be more than this mile or mile and a half 
distance, and that they met the other criteria, they would 
be able to obtain bus transportation in the same way the 
students did before? A. What do you mean? You lost 
me there.

Q. Is it possible that Negro students will be able to 
obtain bus transportation if they meet the requirements

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47

of bus transportation and this is necessary to get them 
to an open school? A. That’s right. Now, I want to be 
sure we are together. You are not saying, “ are the pupils 
within the city limits to be provided transportation under 
this plan; are they are not to be provided transportation 
under this plan.” The answer is they will not be provided 
transportation under this plan. No pupil within the city 
limits. This plan is no different so far as transportation 
is concerned as heretofore, except for the first grade child 
would have choice of school—thirty-eight of them.

Q. And the bus transportation, you indicated, is only 
available for those in the district outside of the city limits? 
A. That’s right, more than a mile from the school which 
they attend.

Q. Then there would be no bearing in the provision of 
transportation of a Negro child who would be in the city? 
A. No, he is not barred from that at all. Neither is a white 
child.

Q. You indicated that you were preparing details of the 
plans and procedures you were going to place before the 
board. Is there anything in those plans which is relevant 
or would possibly effect what your testimony has been 
here this morning? A. I think it would be related and if 
you would like I can tell you again generally about it.

Q. All right. A. Now, the calendar I will give is not 
precise, but I think for the purposes it will serve. The 
first step would be on August 10th to publish the plan and 
accompany with that publication sufficient instructions to 
all people in the district, all children—first through twelve 
—what they can expect in the way of school operation in 
September of 1964.

Q. Just a second. You indicated on direct that this

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48

would be in the form of a legal notice. A. Well, I think 
the plan calls for that, as I recall.

Q. I was wondering whether it is true that in past years 
when you published the schools where people living in 
different areas to go that was a general notice in the 
main part of the newspaper. A. I can’t speak on that. 
I think we need the advice of the attorneys and the board 
as to whether or not it would be legal notice. Admin­
istratively it would not matter to us whether it’s legal or 
otherwise. We would like to see it clearly described and 
folks would know what their rights are.

Q. I think I interrupted when you were going to indicate 
what the substance of the notice would provide, perhaps 
in addition to the printing of the plan. A. Well, just 
to make it clear that children and their parents would 
have a right to go to any one of the thirty-eight schools 
and make the application. And this would be done in 
advance of school opening as heretofore. And would deal 
with first grade pupils in a distinct way, because their 
rights are different, and deal with the second to twelfth 
grade pupils as we have done heretofore.

Q. Are there additional factors included in the proposal 
that would be placed before the board that you haven’t 
discussed this morning? A. Additional factors in what?

Q. In the plan that you will give to the Board of 
Trustees on Monday August 3rd? A. Yes, We would, 
yes. We are going to have to ask some people to come 
back and handle first grade pupils independently of deal­
ing with the other, because we have set these up on a 
schedule basis and we will be dealing with, roughly, three 
or four thousand pupils in advance of the others. That 
will involve some staff of assistants we don’t have or­
dinarily.

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49

Q. How is the parent of the first grade child going to 
have an opportunity with the procedure by which he ex­
ercises the choice? A. Just take his child to school and 
register him.

Q. When will he do that? A. I don’t know the time yet. 
This would be prior to the usual registration of pupils.

Q. When is the normal period of registration? A. The 
first week of September. The class work begins the second 
week of September, and I would presume, just as a loose 
day, probably a week prior to the normal registering of all 
pupils.

Q. School will open on what date in September? A. 
Classes will begin September 14th. Teachers report to duty 
September 7th. The week of September 7th will be used 
for orientation purposes and registration of pupils grades 
two to twelve. Now, for illustration, we will just move it 
up a week. That would be what—August 24th, 25th, 26th. 
What is— . Roughly, a week earlier. We will just assume 
for illustration—

Mr. Cannada: August 31st.

A. We’ll assume for illustration that August 31st we will 
ask first grade teachers and principals to report and han­
dle the first grade pupils. That’s about the procedure.

Q. Then it is correct that during that week, all parents 
of first grade pupils will be expected during one of those 
days to take their child to the school of their choice? A. 
Right. I was hoping it wouldn’t take a whole week to take 
care of the three or four thousand and probably accom­
plished in a day’s time.

Q. Is it possible in the pre-registration for first graders 
that there would only be one day they would have oppor­

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50

tunity to do this ? A. Well, we’ve got to take children the 
year around. We couldn’t cut off admission of youngsters. 
For initial convenience, because we are breaking new 
ground, we would try to impress on people the importance 
of complying with the request to register as of a time. 
Now, what the specific time will be, how many hours and 
how many days, is something yet to be completely deter­
mined.

Q. I guess my question really is, if for some reason a 
parent did not come in and exercise this freedom of choice 
during the designated period would he lose the right of 
freedom of choice as provided under this plan? A. I think 
we will have to exercise some judgment as to what is a rea­
sonable time to do this sort of thing, which means we will 
very likely have to establish some little limits of leeway 
and what we consider adequacy of facilities to take care of 
bonafide, late, justifiable registrations. Do you follow me?

Q. Yes. And it kind of leads to the next question, 
which is, in the past as indicated by the experience of other 
school systems, and if I read the interrogatories correctly, 
there are a number of parents who don’t bring their chil­
dren to school sometimes until school has begun. What 
policy would you follow in the assignment of those late 
registrants? A. They would have choice.

Q. They would still have choice? A. Oh, yes. They 
would have choice.

Q. Would there be any penalty involved as far as, per­
haps, the limitation? A. I think, again, we would have 
to look at that on the basis of how genuine is the reason 
for being tardy in making the application. That would 
make sense to me.

Q. You have indicated the serious problems educationally 
and administratively in bringing about the desegregation

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51

of the first grade. Have you as a part of your studies 
made any effort to determine the number of parents in the 
first grade who seek desegregated assignments for the 
children? A. In our district?

Q. Yes. A. No, sir.
Q. I take it that all the testimony you gave indicated 

that you had a pretty good idea that would be a fairly 
substantial number? A. Could be. I don’t know. I think 
we have got the plan for what could be complete across- 
the-board mixing.

Q. Is there anything apparent in studies in other areas 
to indicate— A. No, nothing to that extent. It varied by 
communities, by school areas.

Q. As a matter of fact, isn’t it fairly true that in most of 
these areas where a freedom of choice plan was in opera­
tion, across-the-board in all twelve grades, the number 
seeking assignment the first year was real small? A. Ini­
tially small, that is true.

Q. That brings into my concern, as I understand it, the 
board is unwilling to extend an opportunity to obtain deseg­
regated education to students for the first grade for the 
1964-65 school year? A. That was our advice.

Q. Now, in indicating that you were desirous of limiting 
it to only the first grade, you listed all of these various 
problems that would occur above the first grade if you had 
desegregation there. Now, if the freedom of choice option 
was granted in all twelve grades and you received the same 
type of response to that in the initial year as has been re­
ceived in other areas, is it your position nevertheless that 
you would have all of these administrative problems and 
all of these educational problems? A. Well, I could speak 
with a good deal of certainty about the problem of accom­

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52

modation in grades seven to twelve. We just could not 
simply accommodate, what was formerly white students.

Q. I think that now we have only six or seven plaintiffs, 
and let us say that there would be only the plaintiffs, all 
of whom are above the first grade, and perhaps six or seven 
above the first grade who would be desirous in the initial 
year of obtaining a desegregated education, do you tell us 
that us that the school board and the school system would 
not be able to accommodate those people? A. No. The 
school board could accommodate six or seven people, but 
that was not my understanding. I understood this was to 
anyone—what do you call it, a class suit?

Q. That’s correct. A. Well, that’s my answer—if it’s on 
a class basis we could not accommodate any general moving 
of children from schools formerly attended by Negroes to 
schools formerly attended by whites.

Mr. Cannada: We would like to object to this line 
of questioning for that reason, that, as a matter of 
fact, that this is a class suit and if any plaintiffs 
have any rights then all of the class would have that 
right and as to whether there would be one or one- 
thousand is purely speculation. Any complainant 
would have to anticipate that any one in the class 
would have the right of any other member of the 
class and we would object to this.

The Court: Overrule the objection. I think it is 
competent to be considered by the Court.

Mr. Bell: What 1 am trying to get at, Your 
Honor, is that there has been research and in­
vestigation of what is happening in other areas and 
that we know that what has happened in other areas,

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53

even when you give freedom across the board, you 
don’t have a tremendous and big response from the 
Negro community as far as rushing into the for­
merly white schools concerned. And I was trying 
to get at what had been done as far as research in 
that area.

Mr. Watkins: Your Honor, I want to object. 
Counsel keeps referring to districts where they have 
had desegregation across the board. I don’t under­
stand that Dr. Walker has testified that he’s visited 
any such district. I f counsel knows of any such dis­
trict, I don’t think that’s competent evidence, but 
he keeps questioning about school districts that have 
desegregated across the board. There is not one 
word of testimony in this record, to my knowledge, 
of any school district that anybody has been familiar 
that has desegregated across the board. As I under­
stand it, these districts visited were such as our’s— 
that started desegregation on a very limited basis, 
and most all of them one grade at a time.

The Court: Well, I think it is competent for him 
to question him on it. Of course, if he can’t answer 
the question, then he can state he can’t. But, I think 
it is competent in determining the fairness of the 
plan submitted here. So, I will overrule the objec­
tion and let him cross-examine.

Q. Mr. Walker, on one of your field trips in the deseg­
regated areas, did you by any chance go to Louisville, Ky. ? 
A. I personally went to Louisville.

Q. Do you recall what type of desegregation plan they 
had? A. I don’t recall how it was instituted and I don’t

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54

recall the number of Negroes that are now in schools that 
were formerly white. As I recall, they moved into what 
they called a voluntary plan, as I recall, and to what extent 
they moved I don’t know.

Q. Do you recall that they had a variation of the free­
dom plan of choice where students would be able to make 
their choice, to go to a desegregated school or not? A. 
Someway I was under the impression that they had— . 
Now, whether this was the initial step or not I don’t recall 
—but I was under the impression that they had zoned their 
school district.

Q. Do you recall whether or not there was a initial re­
sponse that was relatively small and then increased in sub­
sequent years? A. I have the record. I ’m sorry; I don’t 
know.

Q. Did you go to Savannah, Georgia? A. No, Sir, I 
didn’t.

Q. Can you list a few of the other places? A. I went 
to Nashville, Davidson County and St. Louis—Davidson 
County, Tennessee. Nashville and Davidson County 
started with grades one.

Q. Do you recall what the response was there as far as 
the number of persons seeking desegregated education 
during the initial year? A. Well, in Davidson County the 
ratio of Negroes to whites was about 10 to 90— 10% Negro 
and 90% white—and it was very limited.

In the case of Nashville, as I recall, their population 
was about 40% Negro and 60% white, and only in maybe 
two or three schools was there any appreciable mixing of 
classes, and, as I recall, they had gone as far as seven 
grades when I visited there.

Q. I f you haven’t done any studies, have you received

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55

any information that would lead you to believe that there 
would be a departure from this trend in the Jackson 
schools? In other words, have you received any informa­
tion that there would be a large number of pupils in the 
first grade seeking this desegregated education? A. Well, 
I have no information in the sense that we would really 
be informed. I would be presuming in my guessing as to 
what would come. I pointed out that I felt that the sec­
ondary level, grades seven to twelve, would be in serious 
straits.

Q. Would you be in serious straits if you had only a 
half-dozen students in all of those grades? A. No. I 
thought I answered that before, but I am not sure that we 
would end with six or seven. As I said to you earlier, I 
had presumed that in this instance, and I still do, that 
there would be a more extensive mixing at the secondary 
level than the elementary level.

Q. Although you admit this has not been the situation in 
other areas, those you and your staff members have visited, 
isn’t that correct? A. Well, that is what I have seen, as 
I recall. Most of these plans started with the first grade 
except when they began to admit youngsters on a highly 
screened basis, and we have not considered any selection 
of youngsters. We were going at this thing, as I said ear­
lier, on a educational basis. They had their rights and we 
Avere going to try to give them an opportunity beginning 
with the first grade and make our program then from there 
on work with these children. I might say, for example, in 
Nashville I do recall—and this was a late disclosure to me 
and I completely overlooked it—that in one of the elemen­
tary schools Avhere there had been considerable desegrega­
tion of classes that in talking with the principal of the

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56

school the principal said to me— . I asked the question, 
“beginning with the first grade do you find this is some­
thing you work with and is it proving step by step that 
you are getting along well!” The comment there was— 
and this is what bothered me then and does now—that they 
were doing pretty well for the first two or three grades, 
but at the fourth grade the disparity in achievement and 
ability so pronounced that they were having trouble. Now, 
that came from the experience of that particular school. 
Of course, they had been, in this particular community, 
seven years under this program. But it gave emphasis and 
gave more point to us that we should attempt to start with 
this thing with this knowledge of these difficulties that 
they have experienced and that we have experienced even 
on a segregated basis and that we would try to overcome it. 
And we would like to have a chance to work this thing over.

Q. I imagine some of your staff members went to Savan­
nah and Birmingham? A. They did, Birmingham, Savan­
nah, Mobile, New Orleans, Baton Rouge, Memphis, Little 
Rock.

Q. As to these that went to Savannah, Birmingham and 
Mobile, desegregation was begun at the twelfth grade; do 
you T'ecall that? A. I don’t recall, really.

Q. Have you been made aware that the Court of Ap­
peals for the Fifth Circuit has approved, as a matter of 
fact ordering, further desegregation from the top grade 
down? A. Am I aware of it?

Q. Yes. A. I am aware by newspaper reference, but 
I frankly say I am not sure 1 understand the language of 
the Court or the language of attorneys when they begin 
to describe all of these plans. I get back to a simple basis; 
and that is that as we saw it and as we recommended it

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57

we were looking at the job that we had to do in our 
community. We felt we knew the children, knew our 
people and that we could do a reasonable and a good 
educational job for them, and that’s what we recom­
mended.

Q. What form of transfer procedui'e is the school board 
going to utilize this year? A. You mean transfer be­
tween the school districts or transfer within the district?

Q. Transfer within the district. A. With respect to first 
grade pupils?

A. Above the first grade. A. I have nothing in mind 
contrary to what we have done heretofore.

Q. Under the present plan students from grades two to 
twelve will be assigned as they have been in the past, in 
the segregated times? A. That would be our program, 
yes.

Q. As I further understand the plan, if any of the 
students from grade two to twelve start desegregated as­
signments through the transfer procedures used in the 
past, that those transfers would be denied; is that correct? 
A. I haven’t had to face that question before. I don’t, 
know what would be done with them.

Q. It seems the indications are from your statements 
that no desegregated assignment above the first grade are 
presently contemplated? A. That’s correct.

Q. Then the answer is that those transfer assignments 
would likely be denied? A. I can’t answer that. I think 
we would have to look at that on the basis of the situation 
at that time ?

Q. This much you can answer, that while you have in­
dicated that as to the first grade the children are going to 
be assigned on a color-blind basis, that this would not

Transcript of July 29, 1964
Kirby Walker—for Defendants—Cross



58

be true as to the assignments or the transfer of students 
from grade two to twelve? A. The temporary assign­
ments that would be correct.

Q. What is the reason for your hesitance as to transfers? 
A. I didn’t mean to hesitate on the transfers.

Q. You stated it would be true as to the initial assign­
ments, preliminary assignments? A. Well, that’s been the 
procedure for ten years and after they attend and resign, 
I am again in this respect looking at an administrative 
job to be done. We would look at each request on the basis 
of merits.

Q. Does that indicate it would be possible or not pos­
sible for a child in grade two to twelve to receive a desegre­
gated transfer? A. It isn’t contemplated, but I don’t 
know about the possibility. That is beyond my admin­
istration.

Q. Is it possible that the board has completely abandoned 
pupil assignment law as far as these transfers? A. I 
can’t answer that. I don’t know what you mean. I don’t 
believe I could answer.

Q. Would it still be possible—would it still be necessary 
for students seeking transfers to go through the pupil 
assignment procedures that are a part of the record in 
this case? A. Yes, those would prevail. We would recom­
mend— . No, I will put it this way: they will prevail as 
we propose to administer it.

Q. In the past had they received temporary assignments 
not to their liking, they could apply on written forms 
provided by you for transfer to other schools? A. That’s 
right.

Q. And then would be acted on by you? A. That’s 
right.

Transcript of July 29, 1964
Kirby Walker—for Defendants—Cross



59

Mr. Watkins: I think counsel ought to make it 
clear that he is not talking about the grade covered 
by this plan, which is the first grade, because they 
are entirely different. He asked the question without 
indicating what grades.

A. Well, I was referring to grades two to twelve.
Q. Now, how about the pupils coming into the system 

for the first time and who are above grade one. How 
would they be assigned? A. Just as we have heretofore.

Q. And in the same way the pupils in grade two to 
twelve who are presently in the system? A. That’s cor­
rect.

Mr. Bell: I think no further questions.
The Court: You may stand aside, Mr. Walker.
Who will you have next?

(Whereupon the witness was excused.)

Mr. Cannada: The defendants, trustees of the 
Jackson Municipal Separate School District, rest.

Mr. Watkins: If it please the court, Biloxi would 
like to call Dr. Lee.

Mr. Bell: I would prefer, I think the testimony
is going to be similar, and if it meets with Your 
Honor’s approval, I would prefer to get all three 
superintendents on first before we make any rebuttal 
testimony.

Mr. Cannada: If it please the Court, I would like 
very much to get our case disposed of, if he has 
any rebuttal testimony. We have separate cases.

The Court: Yes, I guess it would be proper proce­
dure to dispose of one at the time. Anything in 
rebuttal, Mr. Bell?

Transcript of July 29, 1964
Kirby Walker—for Defendants—Cross



60

Mr. Bell: I wanted, really, a little time to review 
my material and that is one reason I was requesting 
the other system.

The Court: Very well, It is ten minutes to twelve 
and we will take a recess until 1 :30.

(Noon recess.)

Mr. Bell: We have decided not to put on any testi­
mony—just to make our argument in support of our 
objections.

The Court: Very well, and you rest?
Mr. Bell: Yes, Sir.
The Court: Before I hear argument, Gentlemen, I 

have been thinking over this thing, of course, ever 
since the plan was filed. I read them and the three 
plans are substantially the same. And after Mr. 
Walker’s testimony this morning, which is all the 
testimony in the City of Jackson case, I think that 
the best plan would be at this time— . Well, before 
I start on that, 1 am in accord with something Mr. 
Bell said when the case was on trial on its merits— 
or maybe some discussion before the case came up on 
the merits—but he made the expression, with which I 
heartily agree, and that is that they wanted the 
segregation to be as quite and as amicable and agree­
able as is possible and that any ill feeling toward 
anybody be forgotten, so forth, if they ever had any. 
I thought about that and I gave thought about the 
law.

I am of the opinion that the law is this: that in 
determining the question of whether to approve or 
disapprove a plan would be to take as one of the

Transcript of July 29, 1964
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01

guide steps, one of them, that the best interest of 
all the children in the school district would be of 
prime importance. That’s a cardinal rule of law 
whenever the interest and welfare of children are 
concerned. It is especially true in contested matters 
between parents, so forth, as to who should have 
custody of the child, all of which we unanimously 
agree with, that the guiding star is what is for the 
best interest of the child. Now, in these school 
cases these children are the ones who are to receive 
an education and it is the desire of the parent and 
everyone that they do receive the best education 
available. So I think the best interest of the child 
is the one guiding star—to get an education for 
all the children. The children are the ones who 
will live with it through their whole lives. So, 
now I have heard all this testimony and understand 
these three plans, and before I hear argument on the 
matter I believe I will announce what my thinking is.

I think the best thing to do is to tentatively 
approve this plan. I think that it is feasible and 
under all the circumstances shown in this particular 
case is fair and just and would best subserve the best 
interest of all the children of the entire district.

So, I have just about reached the conclusion to 
tentatively approve the plan, because I believe it is 
a fair plan under all the circumstances, and recess 
this hearing until a future date, say sometime in 
January or February or March, so as to give the plan 
a trial and give the board, the teachers and admin­
istrators a chance to see how to put it into effect 
and reserve the jurisdiction of the Court to change

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62

the plan or to modify the plan or to require a new 
plan and hear that sometime in the early spring so 
that if there were any obejctions to any procedures 
that the board might determine at that time to 
outline, then I would have ample time in which to 
hear it and determine the question as to whether or 
not the plan should be changed or modified or ap­
proved, and I think ultimately and finally I will have 
jurisdiction of these matters until the schools are 
completely desegregated or whether it would be two 
grades, three grades or five grades later on.

But at this time it is my judgment that this is 
the best course to pursue and I think that is what 
I am going to do, but I certainly want to give counsel 
on both sides an opportunity to be heard as to 
whether I should proceed that way or not.

Mr. Bell, what do you say?
Mr. Bell: Well, our primary problem would be to 

ascertain from the superintendents of both the Leake 
County and the Biloxi Boards the same sort of de­
tails which took up most of our examination with 
Mr. Walker as to the Jackson case this morning. 
That would be point one. Point two, I didn’t put 
testimony on as to our one main concern, because 
it isn’t easily available, and I thought I could make 
my point in my argument, and that is this:—and 
I think it would hold as to all three cases, all three 
plans—

The Court: So we might get together with all 
three at once, are you willing to concede that the 
testimony would be substantially as that given by 
Air. Walker this morning?

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63

Mr. Wells: Yes, Sir, with this addition: We have 
in Leake County another problem that is in addition 
to what was testified and that is that in Leake 
County there are no separate high schools or junior 
high schools. There are eight schools in the county. 
All of them start with the first grade and go through 
the twelfth grade. We have a financial problem 
in Leake County, just barely being able to operate 
on the money that is available now, resulting in the 
fact that in most of the schools one teacher is 
teaching two grades in each school and our proof 
would show that if the number of students we 
anticipate coming into these schools in the first 
grade this year, and if more than one grade came in, 
there would not be in any one school teachers avail­
able to teach them; no money to hire another teacher; 
would have more children in a room than would be 
permissible and put the accreditation of that school 
into jeopardy. Further, that a request has been 
made of the Board of Supervisors for more money 
this year and they were told that there was no more 
money available for 1964-65. Effort would be made, 
perhaps, to change that situation in another year. 
If that situation did change for the years 1965-66, 
the schools would be in a position, perhaps, to hire 
more teachers and be in better shape to take care 
of this situation.

We have that additional problem, if the Court 
please.

The Court: What does the City of Biloxi say, 
Mr. Watkins?

Mr. Watkins: The City of Biloxi school system 
would like to adopt the testimony of Mr. Walker,

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64

both as to the reasons of the plan and as to how they 
propose to administer the plan. We would like to 
adopt his testimony.

The Court: Substantially the same?
Mr. Watkins: Yes, Sir.
Mr. W ells: Of course Leake County also would 

like to adopt that testimony, with that additional 
problem which we have.

The Court: I believe, Gentlemen, you can argue 
the three together. You started out together with 
the three cases and I would like to wind up together 
with the three as nearly as we can. So, Mr. Bell, I 
will hear from you.

Mr. Bell: I have gotten no impression from read­
ing the plan, or hearing the testimony, that the plans 
were not offered in the best of faith and I think the 
plaintiffs are appreciative of that in view of the 
lengthy litigation that has gone on in this case. 
I think, moreover, that beginning in the first grade— 
limitation of desegregation to the first grade—this 
position will be very hard to argue against if the 
matter which, I believe, Mr. Walker and the others 
assume were going to take place. That assumption 
is that in September there will be a sizeable per­
centage of the Negro children who would exercise 
their option and request admission to previously 
white schools. Now, we have two things on that: 
our experience in other school cases—and T guess 
we have handled just about all of them—has been 
that in the initial year when the parents are given 
a choice, whether you start at the first grade or the

Transcript of July 09, 1964
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Go

twelfth grade, or, many areas where you get freedom 
of choice in all twelve grades, that there isn’t a 
tremendous number of parents who rushed over to 
take advantage of the opportunity to get a desegre­
gated education. Now, the reasons vary, but gener­
ally there is, one, an agreement that desegregation 
is a good thing but reluctance to have their child 
exposed as one of the pioneers in the desegregation 
process. Now, as you go into the second, third and 
fourth years this reluctance gradually disappears, 
so I think by the time you get to the fourth year you 
have a goodly number seeking desegregated educa­
tion. Now, there is no reason to believe that the 
experience throughout the rest of the south where 
schools have been desegregated and in the north, for 
that matter, where students’ opportunities have been 
provided for children to go to other than in their 
traditional neighborhood schools, but there is no 
basis to conclude the situation is going to be dif­
ferent in Jackson, Leake County or Biloxi. As a 
matter of fact, because of other factors operating 
in the state, none of which I have reason to believe 
the school boards are responsible for, to the con­
trary, as a matter of fact, based on what has hap­
pened here. But there are a number of factors that 
would tend to lessen, even, the small number of 
parents who would be taking advantage of their 
opportunities to go to a desegregated school. Why 
is that important here? I think it is important, as 
I said earlier, because much of the board justifica­
tion for limiting desegregation to one grade seems

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66

to be based on the assumption there is going to be 
a sizeable number of kids coming in in the first 
grade and there their hands will be full solving the 
problem of adjustment at this level.

It is also important now for the reason that in 
designating that we should have an initial start in 
September 1964, 1 think the Court of appeals, and 
perhaps this court as well, was of the mind it was 
at long, last time to get started on this thing and 
I think it is going to be beneficial, and this is based 
on our experience in other areas, if this start is a 
worthwhile start and not a start of two or three 
children in a whole school system who immediately 
are made subject of attack by those who oppose the 
thing and who because of small numbers have a 
much more difficult time adjusting than would other­
wise by the situation.

So that, the first grade as a starting place—and 
limiting it to the first grade only—is only worth­
while if we can assure ourselves there is going to be 
a substantial desegregation process taking place in 
the first grade. And, as I indicated, this probably 
won’t happen because generally there is reluctance 
in the first year and particularly there are problems 
in Mississippi that would increase that reluctance. 
It is for that reason the plaintiffs had objected, one, 
to the limitation of desegregation to the first grade; 
two, had suggested that the board show actually do 
the assignments themselves, since the burden has 
been placed on the school boards by the courts to 
effectuate the desegregation process and this burden 
shouldn’t be passed back to the parents.

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67

Now, I say in all frankness that while some courts, 
particularly the Sixth Circuit, have required the as­
signment by the board; other courts, particularly in 
the Fourth Circuit, have indicated freedom of choice 
is a valid method by which desegregation can be 
effectuated. I think there is strong argument be­
cause of the situation in Mississippi to require the 
desegregation to be done by the board, however, if 
it should be the ruling or opinion of this court that 
in this situation the freedom of choice method is 
sufficient and that the board should not be against 
their will forced to draw up zones and assign all 
students according to non racial criteria within the 
zones, then that freedom of choice should be initiated 
on a basis that will insure that there is meaningful 
desegregation, and by that I mean more than two 
or three people. I think if it took in all the grades 
there wouldn’t be a tremendous number of students, 
probably less than a hundred, if you had all the 
grades. But, certainly, limiting it to one grade puts in 
jeopardy the possibility of meaningful desegrega­
tion and we need that I believe to get through this 
change peacefully and in an orderly fashion.

Also for those reasons the plaintiffs had pointed 
out that in the Court of Appeals opinions, the recent 
opinions, they had stated what they referred to as 
minimal standards which should be contained in all 
desegregation plans— indicating there should be a 
reasonable start within the grade in which the start 
is made, eliminating all ghoul assignments. It also 
indicated that people coming into the system from 
the outside, regardless of the grade should not be

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68

subjected to a segregated system and should be as­
signed to a school on a basis that has nothing to 
do with race.

The school board here in Jackson, and I assume 
the other areas, too, does not plan to do this.

In addition, the Fifth Circuit has indicated that 
while one grade should be desegregated, there should 
be through the method of transfer plan or pupil as­
signment plan or some other plan an opportunity 
given to students above those grades which are be­
ing desegregated entirely to make application for 
transfer to a desegregated school and to have those 
applications ruled on on a basis that does not have 
anything to do with race. In this group I think 
would come our plaintiffs. I say that while this is a 
class suit and while the plaintiffs here benefit be­
cause of the beginning of desegregation of the sys­
tems in which they are presently attending schools, 
that we shouldn’t depart too far from the traditional 
ideas of the law suit, and that is bring a suit in 
which you are interested in personal relief as well 
as relief for the class. Now, in effectuating and 
beginning a desegregation of the system there is in 
a sense some personal relief, but I believe the plain­
tiffs in each of these cases, and their numbers are 
not great,—perhaps no more than six in the Jack- 
son case, about fifteen in the Biloxi case and I think 
about twenty-five in the Leake County case—who 
have borne the burden of this litigation in all the 
sacrifices that were a part of it are themselves en­
titled to some relief. Judge Groomes, for example, 
always lets the plans go, notwithstanding what the

Transcript of July 29, 1964
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69

plan is. Other judges say, as one judge in Ten­
nessee, that the plaintiffs are like Moses, that they 
were privileged to lead their people to the promised 
land and view the promised land from Mt. Pisgah, 
but not the privilege to go in. It is a very colorful 
biblical reference, but I think unfair. I think the 
plaintiffs are entitled to obtain desegregated educa­
tion, both because it is the fair thing, and because in 
these situations we are quite frankly not sure—based 
on our check in the community—at this moment that 
we are going to have any people making applica­
tions at the first grade. Permitting the plaintiffs to 
have desegregated educations will insure that there 
is some desegregation started in September in com­
pliance with the orders of the Federal Court.

I think that, based on the explanations that have 
been given here, that we would have no further ob­
jection about the method of the freedom of choice 
assignment. While it talks in terms of proximity and 
administrative problems, there seems to be clear 
that any student who seeks a desegregated educa­
tion, while he may not be able to get it at the first 
school where he applies, will be able to get a deseg­
regated education. And that clears up that problem.

Also, as to the publication, I get the impression 
that the publication giving the public what their 
rights under this plan will be sufficient and ade­
quate. So, therefore, our objections still come now 
to the problem that because there is an assumption, 
which we think is not well founded—generally and 
particularly not in Mississippi—that there will be a 
large number applying in the first grade; that mean-

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70

ingful desegregation, more than one or two students, 
is not certain, and if only one or two students are 
desegregated in each of the situations then the 
danger of the desegregation process getting off the 
ground successfully is going to be greater than if 
we can have, perhaps, two dozen students and we 
can assure that we do have this number by giving 
the plaintiffs an opportunity of securing a deseg­
regated education, and, in addition, this will equate 
with equity and fairness as to the plaintiffs.

The Court: Well, as you say, this is a class ac­
tion and I dare say that if I gave the relief to those 
not in the class that would probably of necessity re­
quire modification at this time to desegregate sev­
eral grades to do that. So as it started out as a 
class action, I am of the opinion that is the best 
procedure for an amicable and orderly manner of 
desegregation of the schools in this district. Now, 
I have implicit confidence. I think these men ad­
ministering the school systems in the City of Jack- 
son, Biloxi and Leake County are people of highest 
honesty and integrity. I am certainly impressed with 
the testimony of Mr. Walker as to his honesty, in­
tegrity and good faith, and, just as he said, he will 
be color blind when it comes to making the assign­
ments. And I am frank to say, that I am reluctant 
-—of course I recognize the fact that the courts have 
the duty and the power to compel most anything 
with reference to integration immediately—but I 
hesitate and am reluctant to put my judgment, never 
having taught school in my life, up against those 
administrators of the school system as to how it is

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71

best to run the schools of a city; and since this is 
a change in the life of the nation during this turn­
over, I think the judgment of those who have ex­
perience and have made studies of how to run a 
school system are more qualified to establish the 
best method that can be had, far better than the 
average judge is.

I believe that, therefore, the rights of all would 
be protected by the course of tentatively approving 
this plan so as to be put into effect as to the first 
grade of these schools at the September term. And 
I think it will orderly go along and be no difficulty 
in making all the arrangements for each and all of 
those there. But if you put more than that there 
is going to be confusion and probably a slowing up 
of the education to which the child is entitled.

Also, I am of the opinion there will be quite a 
number of those who will make application for the 
change, and, as Mr. Walker said, they certainly will 
be given the same and identical treatment as those 
of the white race. I am convinced he means that and 
I think it will be a fine showing to be made here in 
the first efforts to integrate the public schools in 
Mississippi.

So I am going to take that course, Gentlemen. 1 
have given considerable thought to it. I am going to 
tentatively approve this plan, permitting the first 
grade, and I am going to continue the further hear­
ing of it until some future date no later than April 
in order to see what the experience these schools 
have developed from that time. I can modify the

Transcript of July 29, 1964
Colloquy



plan, change the plan or require a new plan if these 
didn’t turn out satisfactorily. I believe it will be 
to the paramount interest to every child in this 
district that that course be followed.

That is what I will do and an order may be drawn 
tentatively approving until further notice, reserving 
jurisdiction to modify or change to a new plan and 
recess this hearing until sometime in April, the 
exact date to be fixed at some future date. An order 
may be drawn in accord with that ruling. That 
applies to all three of the schools.

Mr. Bell: You indicated a little earlier, and I was 
thinking it may be well, based on changes that would 
be requested by the plaintiffs or changes by the 
defendants, for that matter, in the plan for subse­
quent school years, we of course reserve our ob­
jection to the one grade, and to the indication that 
there would only be one grade in each year coming 
up, and I think the court has been fairly clear to 
the fact that a grade a year would not be enough. 
Now it would be too early at this point for the 
board to say that they are going to go along with 
only one grade a year, however, assuming they 
should suggest next year that only one more grade 
be taken, and that this be approved or that we sug­
gest that the sixth grade be taken and that might 
be approved, then there might be desire of appeal 
by one side or the other, and for that reason I think 
it would facilitate the administration of the school, 
if any appeal be forthcoming from the plan next year 
it could be taken in time it could be resolved and 
give the board a chance to make its plans prior to

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73

everybody leaving for the summer, which would be 
about the middle of May. So for all of those reasons 
I would suggest that we plan to have a further hear­
ing perhaps in January.

The Court: Very well, we can have it in January 
and see where we are, and if we need a little more 
time for developments we will give it. Certainly the 
one grade a year is not going to be continued through­
out the entire twelve years, but the situation is 
this: what I want to see is an orderly integration 
and I believe this is the best method to be obtained. 
And then, as I said, reserve jurisdiction to change, 
modify or require a new one, and then maybe next 
year maybe two or three, the following year maybe 
three or four, something like that can be worked 
out as time progresses. Certainly you have a right 
under the ruling I made to offer a plan yourself if 
you wanted to at that hearing, or just wait and see 
what does develop in that time.

The order will be taken for January and the Court 
will fix the date at a later time.

Transcript of July 29, 1964
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(Whereupon the hearing was recessed until a date to be 
fixed.)



74

Court’s R eporter’s Certificate

I hereby certify that the foregoing sixty-four (64) pages 
constitute a true and correct transcript of the testimony 
and proceedings had in this cause before Hon. S. C. Mize, 
U. S. District Judge for the Southern District of Missis­
sippi, on the 29th day of July, 1964, at Hattiesburg, 
Mississippi, in the Hattiesburg Division of The Southern 
District of Mississippi. This the 8th day of February, 1965.

/ s /  D. B. Jordan

D. B. Jordan, Court. Reporter



[caption omitted]

Transcript of Testimony— March 8, 9, 1965

A ppearances :

Hon. Derrick A. Bell, Jr., Attorney,
10 Columbus Circle, New York 19, N. Y .;

Hon. Jack Young, Attorney,
115% North Farrish Street, Jackson, Mississippi,

For Plaintiffs

Hon. Robert C. Cannada, Attorney,
700 Petroleum Building, Jackson, Mississippi;

Hon. Thomas H. Watkins,
800 Plaza Building, Jackson, Mississippi;

Hon. Dugas Shands, Asst. Attorney General 
of Mississippi, Jackson, Mississippi;

For Defendants

B e it remembered that on Monday the 8th and 9th days 
of March, 1965, the above entitled and numbered cause 
came on for hearing before the Honorable S. C. Mize, 
U. S. District Judge for the Southern District of Missis­
sippi, at Jackson, Mississippi, Jackson Division of this 
court, and the following proceedings were had and entered 
on record, to-wit:

(Monday March 8, 1965, 1:30 P.M.)

The Court: Very well, I believe this matter is coming 
on for further hearing pursuant to our understanding 
when we took a recess last and I stated I would take the 
matter up in February for further hearing. I believe now



76

it is on a Motion for further injunctive relief filed by 
Mr. Bell, is that correct?

Mr. Bell: In effect, that is correct. We, as you will 
recall, held a hearing in Hattiesburg last July 29th, as a 
result of objections filed by the Plaintiff to the school 
board plans filed on July 15th, and following a hearing 
it did, as you indicated, recessed the hearing and we in 
January of this year, I believe, filed a Motion that the 
hearing be resumed so we could take up both our objec­
tions and the further plans.

The Court: Are there any witnesses to be introduced?
Mr. Bell: Yes, Your Honor.
The Court: Let them all come around and be sworn.

(Whereupon all witnesses were sworn.)

Mr. Bell: The Plaintiffs had one witness for the Jackson 
case. The others who were sworn were in the Leake County 
case. Counsel indicates that it is their understanding we 
would not get to the Leake County case today. I had 
hoped, although we didn’t have the Superintendent of 
Schools, that we could get some of the witnesses.

Mr. Watkins: We are ready now to complete the Jackson 
case. The other two cases apparently are not ready. We 
would like to complete the Jackson case separately and 
then take what ever action the Court wants to.

The Court: Very well, we will go on with the Jackson 
case and I will pass the others.

Mr. B ell: As to the persons who are here for Leake 
County, assuming we don’t get to them, is there any ob­
jection to them remaining in the court room? We don’t 
invoke the rule.

The Court: Very well.
Mr. W ells: Just the Jackson case will be taken up?

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77

Mr. Bell: I don’t know what your plans were, but I 
would think the Jackson case would be finished in one 
hour.

The Court: I think so.
Mr. Bell: And we would have some little time left and 

I thought that rather than have them come back, it 
wouldn’t he any difference before the Superintendent testi­
fies and than it would be afterward.

The Court: We will determine that when we see how 
much time we have when we finish the Jackson case.

Mr. Cannada: In the case of Evers vs. Jackson Munici­
pal Separate School District, No. 3379, as we understand 
it, this is a continuation of the recess hearing held in 
Hattiesburg on July 29, 1964, and the Defendants would 
like to introduce in evidence a transcript of the proceed­
ings of that hearing of July 29, 1964, as an Exhibit and 
offer it in evidence in this case at this hearing.

The Court: Very well, you may let it be marked as an 
Exhibit. I am not sure it needs to be introduced because 
I think it is part of the record already, but I will let you 
introduce it.

(Whereupon the same was received in evidence and 
marked as Defendants’ Exhibit No. 1.)

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct

J oseph E. B arker, called as a witness, having first been 
duly sworn, testified as follows:

Direct Examination by Mr. Cannada:

Q. Please give your name to the Court Reporter. A. 
Joseph E. Barker.



78

Q. Are you the same Mr. Barker who testified in this 
case on the original hearing on it’s merits? A. I am.

Q. For whom do you work, Mr. Barker? A. The Jack- 
son Public Schools System.

Q. How long have you worked for that system? A. 
Since 1959.

Q. In what capacity have you worked with that system? 
A. As director of testing and special education.

Q. As Director of testing and special education what 
are your primary duties? A. To develope and maintain 
a program of standardizing testing, to work with the 
counsellor program and to work with the program for 
mentally retarded pupils and other exceptional pupils.

Q. As part of your duties do you regularly supervise 
and have made various tests of students in the Jackson 
Municipal Separate School System? A. I do.

Q. Have you made any tests during the year 1964? A. 
Yes, we participated in our routine basic standardized 
testing program.

Q. What standardized tests did you give? A. By grade 
level they are as follows: For first graders we give a 
“Metropolitan Readiness Test; for pupils in grades two, 
five, eight, and ten we administer the “California Test of 
Mental Maturity, Short Form ; and for pupils in the grades 
four through eight we administer the “Metropolitan 
Achievement Tests” .

Q. Mr. Barker, are these recognized tests nationally? 
A. They are all widely used.

Q. Do the tests permit of any judgment or are they 
standardized? A. These are completely standardized.

Q. Graded by machine or by hand? A. From grade five 
up all graded by machine.

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants-—Direct



79

Q. Is there anything in these tests that would permit a 
judgment factor by the person grading or giving these 
tests? A. Nothing subjective whatsoever.

Q. Do you have the results of those tests tabulated by 
the race of the Negro and the White children in the 
Jackson Municipal Separate School District? A. We do 
have.

Q. Do you have those tests with you? A. Yes, I have.
Q. Mr. Barker, have you put the results of those tests 

into a graf form? A. Yes, I have.
Q. With reference to the Metropolitan Readiness Test 

for the first grade of 1964, 1965 year, have you put that 
in the form of a graf? A. I have.

Mr. Bell: We would like to object to this exhibit. 
It appears the exhibit on it’s face indicates the 
average of students having taken the test in various 
fields with columns indicating the achievement of 
White students and columns indicating the achieve­
ment of Negro students. It appears to me the use of 
this Exhibit can only further the type of testimony 
which we received in great quantity last year in 
which this Court considered it carefully and in­
dicated that it could not be used as the basis for 
maintaining segregated schools. I should think it 
would have no more appropriate use in the issues 
before us now and I would object to the testimony 
for that reason.

The Court: I think I will overrule the objection 
at this time. At this time I feel like it goes to the 
weight of the testimony rather than to the admis- 
sability of the testimony. It may not have any 
weight, but I will let it go in at the present time.

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



80

Mr. Cannada: We offer it as Exhibit 2 to the 
testimony of this witness.

(Whereupon the same was received in evidence 
and marked as Defendants’ Exhibit No. 2.)

Q. I now hand you a sheet on which there is a graf and 
which lias been marked as Exhibit No. 2 to your testimony. 
Will you explain to the Court the meaning of that graph. 
A. The Metropolitan Readiness Test given to incoming 
first graders is an instrument that provides some indica­
tion of the readiness status of the pupil in two areas. 
These are reading and numbers. They are used primarily 
to give the teacher quickly and within a short period of 
time some indication of the readiness status of the pupil. 
The graph here reveals, as has been the picture for several 
years in the past, that the readiness status typically of 
White pupils in both areas of readiness is substantially 
above that of Negro pupils. We have treated these data 
and scaled them numerically in order to make this com­
parison. The test yields grade letter score ranging from a 
high of “A ” on superior readiness status to “ E” , or poor 
risk readiness status, with respect to predicting success 
during the first school year. We have assigned weights to 
these and have these average scores in the area of reading- 
readiness; for White Pupils an average of 3.6; for Negro 
pupils an average of 2.6.

In the number area of readiness we have an average 
figure of 3.5 for White pupils and 2.8 for Negro pupils.

And the total readiness status of pupils, we have 3.6 for 
White pupils and 2.6 for Negro pupils.

Q. I notice on the Chart that you have a National aver­
age. Is 3.0 the recognized national average? A. 3.0 is

Transcript of Testimony— March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



81

the recognized national average in all three scores pro­
vided by the instrument.

Q. Now, Mr. Barker, you have another chart here which 
is labeled “ California Test of Mental Maturity, Form S-F. 
Mean Total I.Q. Scores, White and Negro, Jackson Public 
Schools Fall, 1964.” Was this chart prepared under your 
supervision? A. It was.

Mr. Cannada: We offer it as Exhibit 3.
Mr. Bell: We make the same objection.
The Court: I make the same ruling and overrule 

the objection and let it be received in evidence.

(Whereupon the same was received and marked 
as Defendants’ Exhibit No. 3.)

Q. Mr. Barker, with reference to the Exhibit which is 
now Market as Exhibit No. 3, explain to the Court the 
significance of that Exhibit. A. Exhibit 3 is a graph show­
ing mental results of performance of pupils in grade levels 
2, 5, 8 and 10. This instrument, the California Test of 
Mental Maturity, is a test of school ability or scholastic 
aptitude. We find the average scores, and these are I.Q. 
scores, of White pupils in grade 2 as of fall this school 
year to be 106.2; the average for Negro pupils to be 89.7.

At grade 5 we find the average I.Q. score to be 110.7 for 
White pupils; 8.74 for Negro pupils.

At grade 8 we find the White average to be 110.6; the 
Negro average to be 78.2.

At grade 10 we find the White average to be 106.5; the 
Negro average to be 82.0.

Q. Mr. Barker, is the same thing true with reference to 
this test, the California Test of Mental Maturity, that was

Transcript of Testimony— March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



82

true of the previous test we talked about, the Metropolitan 
Readiness Test, insofar as it’s objectivity is concerned? 
A. These are standardized instruments and the same thing 
would hold true with respect to this particular test.

Q. There is no question of judgment of the person giv­
ing the test or grading the test? A. No. The manual 
specifies precisely everything to be done and every process 
to be completed.

Q. Does this test reflect any change in the differences be­
tween the two races over the past number of years? A. 
The figures shown on this exhibit typify similar test result 
data we have had going back for a number of years. Basi­
cally there is a widening disparity in average scores be­
tween the two groups, the White and Negro, as grade level 
increases.

Q. Mr. Barker, I notice here that you have on the first 
chart, in the first column going up to 106.2, you have 
“N-1981” . What does that mean? A. The number of 
pupils tested.

Q. 1981 White pupils tested? A. Yes.
Q. And under that “N-1595” . 1595 Negroes were tested? 

A. That is correct.
Q. What is the next symbol ? A. The next symbol means 

the standard deviation.
Q. So in the first column the standard deviation is 12.8. 

What is the significance of that? A. Standard deviation 
is a measure of central tendancy which reflects the degree 
to which pupils crowd around the average performance of 
the group. On this instrument at all grade levels the 
nationwide standard deviation is 16 I.Q. points. This fig­
ure of 12.8 would reflect that the White pupils at second 
grade level in the Jackson Public Schools this year, the

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



83

scores for these pupils were more similarly distributed 
or tended to crowd around the mean score more so than 
in the distribution of the national norm and group.

Q. So based on that basic statement, the other informa­
tion in each one of the other columns can be analyzed, is 
that correct? A. That is correct.

Q. Is there anything further you would like to add con­
cerning that particular chart? A. I have nothing further.

Q. Now, Mr. Barker, I am reading from a chart labeled 
“Metropolitan Achievement Tests, Grade 4, Mean Stanine, 
White and Negro, Fall, 1964, Jackson.” Was this chart 
prepared under your supervision? A. It was.

Mr. Cannada: We offer this as Exhibit No. 4 to 
the testimony of the Defendants.

(Same was received and marked as Defendants’ 
Exhibit No. 4.)

Q. With reference to the document that is now marked 
Exhibit No. 4, will you explain to the Court the significance 
of that chart? A. This shows average performance of 
White and Negro pupils in grade 4 and reflects the results 
of Metropolitan Achievement Tests.

Q. What are Metropolitan Achievement Tests? A. 
These are widely used group of tests that provide a mea­
sure of performance level or achievement in several aca­
demic areas and in some skill areas on pupils at various 
grade levels.

Q. How many grades do you give these tests to in the 
Jackson School District? A. In our basic program we ad­
minister the test to all pupils in grades 4 through 8.

Transcript of Testimony—March S, 9, 1965
Joseph E. Barker—for Defendants—Direct



84

Q. And this is the results of the test on your students in 
grade 4, is that correct! A. That is correct.

Q. Is the same thing true with reference to these tests 
that has been true with reference to the previous tests you 
testified to pertaining to the objectivity! A. Yes, it is 
time for this instrument also.

Q. In other words, there is no question of personal judg­
ment in either the giving of the test or on the grading of it! 
A. None whatsoever.

Q. Explain the meaning of the chart you have there. A. 
The subject tests of this battery fall into these areas, word 
knowledge, word discrimination, reading, spelling, total 
language, arithmetic computation, and arithmetic problem 
solving and conception. The scores yielded by the instru­
ment are stanine scores ranging from value of one to nine. 
In every instance and at every grade level there is a na­
tional average performance of five, which represents in 
effect the middle 20% of pupils. The percentages from five, 
both upward and on downward, deminish to a 4%, a top 
4% performance for stanine nine; and a lower 4% per­
formance for stanine one. We have computed here the 
mean stanine performance of White and Negro pupils in 
each of the seven subject tests in the battery. In the area 
of word knowledge we have an average performance of 5.8 
for White pupils; 2.7 for Negro pupils.

In word discrimination we have an average of 5.9 for 
White pupils; 2.9 for Negro pupils.

In reading we have an average of 5.4 for White pupils; 
3.1 for Negro pupils.

In spelling we have 5.9 for White pupils; 3.1 for Negro 
pupils.

Transcript of Testimony— March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



85

In total language we have 5.4 for White pupils; 2.9 for 
Negro pupils.

In arithmetic computation 4.8 for the White; 2.6 for the 
Negro pupils.

In the area of arithmetic problem solving and concep­
tion we have an average of 5.2 for White and 2.9 for Negro 
pupils.

Q. Based on your experience with the Jackson Municipal 
Separate School District, is this different from or substan­
tially similar to the result of similar tests over the past 
few years! A. Very, very similar to results of previously 
administered tests.

Mr. Barker, reading from the Metropolitan Achievement 
Test Grade 5, mean stanine, White and Negro, Pall 1964, 
Jackson, was this chart prepared under your supervision? 
A. It was.

Mr. Cannada: We offer this as Exhibit No. 5 to 
his testimony.

(Same was received and marked as Defendants’ 
Exhibit No. 5.)

Q. Now, Mr. Barker, with reference to document that has 
now been marked as Exhibit No. 5, explain that in detail 
to the Court. A. The descriptive comments made with re­
spect to the grade 4 test results would also hold true for 
these grade 5 results, as well as for the results at the 
higher grade levels. Average performances were as fol­
lows : For White pupils in the area of word knowledge, or 
vocabulary, 5.8; for Negro pupils 2.9.

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



86

Mr. Bell: Excuse me. Let me interrupt to place 
my objection by wondering that since we have them 
offered in evidence do we have to read them in evi­
dence. He is just reading material already here 
and still has several more pages to go.

The Court: I will overrule the objection. Of 
course, the exhibits speak for themselves, but they 
might require some explanation or you might want 
to cross-examine him about them, so I will over­
rule that objection.

Q. Proceed. A. In the area of reading, for White pupils 
an average of 5.6; for Negro pupils 3.5.

In the area of spelling, for White pupils 5.6; for Negroes 
3.7.

In the area of language total, 5.2 for White pupils; and 
3.5 for Negro pupils.

Language study skills, 5.7 for White pupils; 3.7 for 
Negro pupils.

In the area of arithmetic computation, 5.7 for White; 
4.1 for Negroes.

In the area of arithmetic problem solving and concep­
tion, 5.7 for the White pupils; and 3.7 for the Negroes.

In the area of social studies, 5.1 for White; 3.4 for Negro 
pupils.

In the area of social study skills, 5.4 for White pupils; 
3.7 for Negro pupils.

In the area of science, 5.8 for White; 3.6 for Negro.
Q. And, based on your experience in this district, is this 

similar to or different from the results of tests of previous 
years? A. Very similar.

Q. Mr. Barker, we are reading from a document labeled 
“Metropolitan Achievement Test, Grade 6, Mean Stanine,

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



87

White and Negro, Fall 1964, Jackson.” Was this prepared 
under your supervision? A. It was.

Mr. Cannada. We offer this Exhibit No. 6 to his 
testimony.

( Whereupon same was received and marked as 
Defendants’ Exhibit No. 6.)

Q. Mr. Barker, with reference to the document which is 
now labeled as Exhibit No. 6, explain that to the Court. 
A. This is the result of a Metropolitan Achievement Test, 
Grade 6, with the following mean scores by subject area: 
in the area of word knowledge, for White pupils an aver­
age of 5.8; for Negroes 2.5.

In the area of reading, 5.9 for the Whites; 2.8 for Ne­
groes.

Spelling, 6.1 for White pupils; 3.4 for Negro pupils.
Language total, 5.8 for White pupils; 2.7 for Negro 

pupils.
Language study skills, 6.2 for White pupils; 3.3 for 

Negro pupils.
Arithmetic computation, 5.6 for White pupils; 2.7 for 

Negro pupils.
Arithmetic problem solving, and conception, 6.0 for 

White; 3.1 for Negro.
Social study, 5.7 for White pupils; 3.3 for Negro pupils.
Social study skills, 5.9 for White; 3.3 for Negro.
In the area of science, 5.8 for White, 3.0 for Negro.
Q. Again, based upon your experience in this district 

is this similar to or different from the results of your tests 
in the past few years? A. It is very similar.

Q. Now, we are reading from a document labeled “ Met­
ropolitan Achievement Test, Grade 7, Mean Stanine, White

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



88

and Negro, Fall 1964, Jackson.” Was this prepared under 
your supervision? A. It was.

Mr. Cannada: We offer this as Exhibit No. 7 to 
our testimony.

The Court: Let it be received in evidence.

(Whereupon the same was received and marked 
as Defendants’ Exhibit No. 7.)

Q. Mr. Barker, with reference to the document that has 
been identified as Exhibit No. 7, explain that to the Court. 
A. Exhibit No. 7 shows the results of Metropolitan Achieve­
ment tests, Grade 7. The various subject test areas of the 
battery the mean performance was as follows: For White 
pupils in the area of word knowledge 6.3; For Negro pupils 
3.2.

In reading, 5.9 for White pupils; 2.8 for Negroes.
Spelling, 5.9 for White pupils; 3.6 for Negro pupils.
Language total, 5.6 for White pupils; 2.8 for Negro 

pupils.
Language study skills, 6.3 for White jmpils; 3.3 for Negro 

pupils.
In arithmetic computation, 5.6 for White pupils; 3.0 for 

Negro pupils.
In arithmetic problem solving and conception, 6.0 for 

White pupils; 3.5 for Negro pupils.
In social studies, 5.7 for White pupils; 3.3 for Negro 

pupils.
In social study skills, 5.7 for Whites; 3.1 for Negro.
In the area of science, 6.0 for White pupils; 3.5 for Negro 

pupils.

Transcript of Testimony—March 8, .9,  1965
Joseph E. Barker—for Defendants—Direct



89

Q. Again, as to the experience shown by this test, are 
these tests similar to or different from the results of tests 
of previous years? A. Very similar.

Q. Mr. Barker, I am reading from a document that reads 
“ Metropolitan Achievement Test, Grade 8, Mean Stanine, 
White and Negro, Fall 1964, Jackson.” Was this prepared 
under your supervision? A. It was.

Mr. Cannada: We offer this as Exhibit No. 8 to 
the testimony of this witness.

(Whereupon same was received and marked as 
Defendants’ Exhibit No. 8.)

Q. Mr. Barker, with reference to the document which is 
now identified as Exhibit No. 8, would you explain that to 
the Court. A. This shows the results of the Metropolitan 
Achievement Test, Pupils in Grade 8, for performance as 
follows:

Area No. 1, word knowledge, an average of 6.4 for White 
pupils; 3.1 for Negro pupils.

Reading, 6.2 for White pupils; 2.7 for Negro pupils.
Spelling, 5.9 for White pupils; 3.4 for Negro pupils.
Language total, 6.2 for White pupils; 3.1 for Negro 

pupils.
Language study skills, 6.4 for White pupils; 3.2 for Negro 

pupils.
Arithmetic computation, 6.1 for White pupils; 2.8 for 

Negro pupils.
Arithmetic problem solving and conception, 6.4 for White 

pupils; 3.3 for Negro pupils.
Social studies, 6.1 for White pupils; 3.1 for Negro pupils.

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



90

Social study skills, 5.5 for White pupils; 3.1 for Negro 
pupils.

In the area of science, 6.3 for White pupils; 3.3 for Negro 
pupils.

Q. Are the results of these tests similar to or different 
from the results of similar tests over the past years! A. 
Here again they are very similar.

Q. Are there any other tests you have given this year 
that are purely objective that you have not testified to about 
this morning! A. There are a number of other tests given, 
hut not to all pupils nor in the required basic testing pro­
gram.

Q. Based upon your experience and qualification with 
these tests you have testified concerning today, do they 
meet the normal standards of standardized testing usually 
used by educators! A. Yes, these instruments in particu­
lar are among those with the highest validity and reliability 
for group testing in a public school setting.

Q. These tests which you have testified to were given to 
all pupils of this district? A. Essentially all pupils.

Q. None were intentionally eliminated? A. None what­
soever.

Q. Particularly with reference to the Metropolitan 
Achievement test which we have talked about from the 
Fourth to Eighth Grade level, a stanine of 5 represents the 
national average? A. That is correct.

Q. With reference to the Metropolitan Readiness Test 
for the First grade, the stanine of 3 represents the national? 
A. A scale score of 3.

Q. And insofar as your California Test of Mental Ma­
turity, those are simply I.Q. estimates without any national

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Direct



91

average? A. The national average in this case would be 
100 points at any given grade level for any aged pupil.

Mr. Cannada: That is all.

Cross Examination by Mr. Bell:

Q. You explained to us the procedure followed in giving 
these tests. Do your students all come to a central location, 
or are the tests given in the schools or how? A. The ele­
mentary school level, the testing material, including the 
manuals of direction, the answer sheets, etc., all accessory 
material, are forwarded to the principal of the school. 
Within the framework of our testing program the principal 
then normally would distribute these materials to the 
teachers involved. Then the teachers in turn would follow 
the directions set forth in their manuals, which are quite 
specific, and would then administer the test.

Q. As I understand it, the Negro principal and in turn 
the Negro teachers would give the tests to the students in 
their school and the other schools the White principals and 
the White teachers? A. That is correct, either the teacher, 
counsellor or principal.

Q. How about the grading of the exam? A. They are 
teacher graded by overlaying scoring keys from grade four 
down. From grade five upward they are scored by elec­
tronic process.

Q. Is the grading done within the school system, within 
and by the school system? A. That is correct, it is.

Q. You indicated that all the students took the tests as 
far as you know. A. With few exceptions. There would 
be normally some absentees during the testing.

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Cross



92

Q. Turning your attention to your Exhibit No. 3, were 
you indicating that as to the California Test of Mental 
Maturity, which you indicate or set forth here, that there 
was an indication of how many students in each of grades 
two, five, eight and ten had taken the test! A. Yes.

Q. Where is that indication! A. Following the letter 
“ N” in each of the columns.

Q. And the first column for grade two would that indi­
cate 1981 White children took the test in grade two! A. 
Yes, at that time.

Q. What did you say the 12.8 indicated! A. The stan­
dard deviation of distribution of the scores for grade two, 
White pupils.

Q. Among the responses that the school board made to 
our interrogatories they indicated that in grade two that 
there were the fourth month of 1964-1965 school year 1745 
negro children in grade two and it indicates here that 1595 
pupils took the test. Now, is the difference explainable 
entirely by absentees! A. I am not sure that it would be 
entirely by absentees, however, this was the actual count 
of pupils taking the test as reported by the principals of 
the schools involved.

Q. As for grade five there is an indication there are 1453 
Negro pupils in that grade and your report indicates that 
1329 took the test. A. That is correct. At least the num­
ber that took the test, as you have reflected is correct.

Q. Now, you indicate that within a particular grade all 
the students might have been present at that testing time 
received the test and you indicated further that pupils at 
the elementary school level received the test in their school. 
A. That is correct.

Transcript of Testimony—March 8, 9, 1965
.Joseph E. Barker—for Defendants—Cross



93

Q. Was there any different procedure followed for pupils 
at the high school level? A. Yes. Normally these tests at 
the high school level, the program itself within the given 
plan, under the direction of the principal is conducted by 
the school counsellors and in some instances the school 
counsellors themselves administer the tests. In other in­
stances they schedule teacher staffs to conduct the tests.

Q. But again, while there would be more decentralization 
at the high school level, the tests would be given to the 
students in their own schools, is that correct? A. That is 
correct in every instance.

Q. In giving the students the tests, is there any further 
determination of which test he should receive other than 
the fact he is in grade two? Do you make any other com­
parisons? Let me ask you this way: I gather that I am 
correct that everybody who is present gets the test on a 
particular day? A. That is correct.

Q. Now, once you have the test and you have the grades 
and you compile these charts, as to whether you made any 
other compilations in addition to any others introduced 
here today to show how all Negroes do on a particular day 
on a particular test and how all White students do? A. 
Yes, we do another. It is called the College Qualification 
test. It is done every year. However, it is given in the 
Spring. For the present school year we have not yet ad­
ministered this particular instrument.

Q. I was asking with the test that are given have you 
made charts to show other results beside the fact that 
Whites achieve a certain level and the Negroes schools seem 
to achieve a lower level. A. We treat these test data a 
number of ways, depending on which the results would

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Cross



94

be put. For example, we draw up a work sheet distribu­
tion of performance for use by school staffs in which they 
would be treated somewhat differently from the way you 
seen it treated here. We run longitudinal studies in per­
formance to see what the degree of changes have been 
at what grade levels and at what subject areas these 
changes take place, and the other judicial test usage that 
it behooves us as modern educators to do.

Q. I gather, in other words, that to get the results you 
presented here today you gathered the test results from 
each school and compiled and tabulate all the Negro school 
results and gather and tabulate all the White results; is 
that correct? A. We have so treated the data for the 
present school year.

Q. I want to know whether or not you have made similar 
compilations to prepare the results of schools in the areas 
of fairly high income with schools in areas of relatively 
low income within the same race? A. We have not made 
that sort of study.

Q. For example, have you made results between the 
Spann and Power schools which—correct me if I am mis­
taken—are in areas of substantial middle class economic 
level, with the results of students coming from Barr or 
Davis, where I understand the income level is lower than 
the first two schools that I mentioned? A. We maintain 
a record of performance in all areas tested in our basic 
program on a school basis.

Q. Let me ask you whether then you can recall how the 
pupils at any grade level for generally at a school like 
Spann compared with your tests results with the students 
coming from Barr or Davis? A. Yes. Generally it would 
be higher at Spann. That has been the pattern, however,

Transcript of Testimony—March 8, 9, 1965
Joseph E. Barker—for Defendants—Cross



95

I don’t recall at the moment any individual figures by 
schools.

Q. Could you tell us even approximately how much 
higher or in which areas there seems to be a gap between 
the achievement of those two schools? A. I would prefer 
to see data before trying to answer that sort of question.

Q. Would you recall whether the gap was at all similar 
to the gap we have when we total the average for all 
Negro schools and all White schools? A. I have not made 
that comparison.

Q. You wouldn’t know at this point whether this was 
so are not? A. As to whether or not the gaps are identical, 
no. Again, I would have to refer to the data.

Q. Let me ask you this: Why are these figures prepared 
and why are these graphs prepared by the school system? 
You indicated they were prepared this year and the results 
here are substantially similar to the results of a few years 
back. So this isn’t something you just did for this suit. 
Why do you make this comparison between all Negro 
schools and all White schools? A. We like to study test 
data for any uses. This simply is one.

Q. As I understand it, you prepare this rather elaborate 
data showing at every grade the difference between the 
achievement level of the two races, but you do not have 
data, at least available, concerning the achievement level 
at two white schools such as Spann and Davis; is that 
correct? A. Well, as a matter of fact, it took about 30 
minutes to compare these charts. We also have prepared 
data which would answer the questions you have raised. 
I simply do not have that material at hand from which 
to talk.

Q. Would that data be as easy to prepare, or the tables 
be as easy to prepare, as these were? A. They are com­
piled.

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Joseph E. Barker—for Defendants—Cross



96

Q. Let me ask you whether or not there is any record 
maintained that would reflect the general economic level 
of the community serving a particular school. A. Our 
office does not maintain that sort of analysis.

Q. You though would be able to determine the achieve­
ment level at a particular school with another particular 
school if you were requested to do so? A. That is in 
our files already compiled.

Q. What conclusions do you reach from the material that 
you have explained to us here today, Mr. Barker. It seems 
as we go through here at every grade level when we take 
all of the negro children and all the white children in a 
particular grade that the whites are generally doing better 
than the negroes. What is the significance to you as a 
person who has been in this field for a long time? A. 
With respect to what?

Q. I am not really sure. Let me ask you whether or 
not you feel that these test results reflect or support the 
proposition that Negro children are inferior to white 
children. A. Well, I prefer not to express an opinion in 
that regard.

Q. I don’t want your general opinion outside, certainly, 
but I want your opinion as to whether these figures lead 
to such a conclusion. A. These figures show, among other 
things, that at first grade level in terms of school readi­
ness there is significant difference in the readiness status 
of pupils between White and Colored in reading readiness 
and number readiness.

Q. My question to you is what is the significance—why 
is there a disparity—why there is a greater disparity as 
you go on up through the grades? A. I am not competent 
to answer that kind of question.

Q. In other words, you just take all these tests and 
make up the nice graphs and you don’t understand what

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Joseph E. Barker—for Defendants—Cross



97

they mean. A. That is in other words. I have not said 
that. I said I was not competent to give the kind of answer 
you were requesting.

Q. Explain to me the difference between what you are 
saying and what I am concluding. You indicate you are 
not competent to answer the question and I am asking 
why is it you make up all of these graphs to show how 
Whites and Negroes do and you have been doing it for 
the last several years. A. I am not competent to answer 
what accounts for the disparity.

Q. That kinda leads me to the question whether you 
made any recommendations to other school officials based 
on the fact, according to your testimony, that these results 
here are not significantly different than the ones a couple 
of years back. Have you made any recommendations as 
to changes that should be made? A. You mean based on 
the fact— .

Q. Based on the results of these tests. A. No, I have 
not.

Q. You just make the tests and kinda pass them on, is 
that correct? A. You are saying in other words again. 
No, I don’t sorta make them and pass them on. We study 
these instruments a number of ways. We use them in 
counselling with pupils, in counselling with parents and 
in guidance of parents and pupils and many other pur­
poses.

Q. Of what significance to counsellor and parent would 
be any of the tabulations you have presented here today? 
A. With respect to counselling with the parent?

Q. Yes. A. First of all parents are quite concerned 
about the progress of their pupils in school.

Q. I can see how the individual tests of the schools 
might be of some value in the counselling— .

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98

Mr. Watkins: He has asked three questions and 
hasn’t let him answer one. I think he ought to be 
permitted to answer a question after he has been 
asked a question.

The Court: I think you have been kind of in­
terrupting. If he has been asked a question and 
he has not finished answering the other, just wait.

Mr. Bell: I will start again.

Q. I want to know whether in counselling students or 
their parents, not the individual test grades of the par­
ticular students, but the over-all averages that you have 
provided for us today, are of any value! A. Yes, I think 
they are.

Q. Would you explain what value they would be! A. 
Well, in particular I found the results useful in a case 
where a child is having difficulty in keeping his head above 
water, so to speak, in his academic work, and that his 
individual scores when compared to the over-all perform­
ance within that school plant can contribute quite a bit 
to counselling process as to the understanding of the 
parents involved.

Q. You are able to relate the individual score with the 
total scores in his school! A. In some instances that 
might be suggested in the counselling process.

Q. My question is whether the comparison of the total 
scores in all schools, which is what you have presented 
today is of any value in counselling procedure! A. In 
counselling parents!

Q. Yes. A. If it is we have not utilized it for that 
purpose.

Q. Let me ask you this question: What is the significance 
or what in your opinion would be the significance of a

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Joseph E. Barker—for Defendants—Cross



99

White child who scored, just looking at your Defendants 
Exhibit No. 2, up at the top 3.6 level, being placed in a 
class with Negro pupils who had an average of 2.6 level? 
A. Will you re-ask the question?

Q. What would be the significance, if you know, of taking 
a child who had scored 3.6 on the reading test, as shown 
in Defendants’ Exhibit 2, and placing him in a school 
where according to this table a Negro student’s level would 
be 2.6? A. There may be none.

Q. Could you explain that answer? A. Yes. These tests 
are just one other sort of measures that have to do with 
the progress of the child in school. When any decision 
is made affecting the program or subject choice of a pupil, 
using these sort of scores these are merely one measure 
or one criteria involved in such a decision insofar as 
counselling is concerned. For example, a pupil going into 
accelerated mathematics would have considered prior to 
his being scheduled for same certain criteria such as his 
previous record performance, his performance on the more 
similar or closely related achievement test, and the most 
recent that he has had, his own personal desire, the recom­
mendation of the teacher with respect to his willingness 
to work and to perform and his aspirations. Also, his 
own personal wish. All of these things would be involved 
in such a program planning process. So, I am saying in 
effect that it is foolhardy to rely solely in such a process 
on one criterian.

Q. That is interesting, but let me state my question 
again and let me say as a preface that I fully understand 
and I think everyone else does that the value, although 
not totally important, but the value of an individual’s test 
score in selecting courses and possibly selecting a career,

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Joseph E. Barker—for Defendants—Cross



100

etc. but my question here is, and I am still trying to get 
at the value in terms of telling us something about the 
education provided in this system of telling us here today 
that the white schools in reading score 3.6 and the Negroes 
scored 2.6. That is why I asked you whether or not it 
would be of any significance if, after all the counselling 
and all the rest, a white child with a 3.6 level was placed 
in a Negro school with a 2.6 level. A. I am somewhat 
confused, because on one hand you talk about average per­
formance and you also go back to an individual case. And 
then— .

Q. Did you have something more? A. Yes, if I may.
Q. Go ahead. A. To me these test results reflect dis­

parity between the two groups as groups. The typical 
ability, the typical performance level, as between them 
there is a substantial disparity and that is what these 
charts reflect.

Q. Then if these charts are intended to reflect the dis­
parity between the total groups then is the significance 
of those charts for us today an argument that the groups 
should be mantained at separate schools or separate areas 
of education? A. I can’t answer that. I am here to present 
these data. That sort of decision will be someone elses.

Q. You don’t have any opinion on that at all? A. Not 
that I care to speak to.

Q. You are under oath. Have you given your opinion 
on this in connection with your official duties at the school ? 
A. Opinion as to what?

Q. Opinion as to what changes or what policies should be 
maintained as a result of the findings of your testing pro­
gram. A. Yes, I can reflect so. As a matter of fact, of 
routine when we look at the mean performance within a

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101

given school, regardless of the socioeconomic level of the 
community around that school, we look, for example, at the 
relative differences in performance level from subject area 
to subject area to subject area. And this process is called 
relating the evaluation to program development. If we 
find, for example, that in a given school plant or system 
which had a relatively weak area of reading, for example, 
then this is related to the curriculum planning and new 
emphasis perhaps, can be put on the area of reading. Simi­
larly, if a relatively weak area was found in science, then 
this in turn would be reported to the curriculum people for 
their use and further development of program science.

Q. Would you use these data on a racial basis through­
out the school in the thing you just said? A. Do we use 
them on a racial basis?

Q. Yes. A. We analyze them, as you see here. In other 
words, to schools attended by Negroes we send back to 
these schools reports of test data on those schools. Like­
wise, for Wliite pupil schools we do that same things.

Q. You use the results in making some of the decisions 
and in performing some of the planning you have just dis­
cussed, is that correct? A. Yes, that is correct.

Q. As I understand it, and I believe your earlier testi­
mony in this case has indicated, that the Jackson Schools 
are one of the better school systems in the State of 
Mississippi, is that correct? A. I think so.

Q. And that, as a matter of fact, a goodly number of 
school systems in Mississippi fall far below the national 
average in different ways it is measured, is that correct? 
A. I would think so.

Q. I am wondering whether or not any particular test­
ing of this type has been made of the White pupils or any

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102

of the pupils coming into the system from some of the 
rural communities in Mississippi, as to where their achieve­
ment level fell? A. Not in terms of a definite study for 
that purpose.

Q. What has been done? A. If the pupils have not been 
tested in the area of school ability then typically, regard­
less of grade level, the school ability test will be given 
for the benefit of the school knowing the ability level of 
the pupil and, therefore, understand him better. If he 
comes to a grade in which these tests normally are sched­
uled, then he would be given the appropriate test after he 
was admitted to the school.

Q. My question is whether or not tests given to the 
children coming into the system from other systems, par­
ticularly rural systems, whether they are tabulated so that 
you have an idea of what the achievement level of these 
students is? A. They are not.

Q. That is not done? Now, we had at the beginning of 
the year 39 Negro children in the first grade who were 
admitted to the White schools. Would you tell us whether 
or not those children received the tests given first grade 
children and if so whether or not their results would aver­
age in with the White and Negro schools? A. They were 
considered a score of the school in which they were enrolled.

Mr. Bell: No further questions.
The Court: Any re-direct examination ?
Mr. Cannada: No, no further questions.

(Whereupon the witness was excused.)

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.Joseph E. Barker—for Defendants—Cross



103

K irby P. W alker, called as a witness, and having first 
been duly sworn, testified as follows:

Direct Examination by Mr. Cannada:

Q. Give your name to the Reporter. A. Kirby P. 
Walker.

Q. For whom do you work? A. Board of Trustees of 
the Jackson Public Schools.

Q. What is your position? A. Superintendent of 
Schools.

Q. How long have you been with the School District 
of Jackson? A. Since 1935.

Q. How long have you been superintendent of schools 
here? A. Since 1937.

Q. I believe, Dr. Walker, you testified in this case 
originally on its merits, is that correct? A. That is right.

Q. And you are also the same Dr. Walker that testified 
at the previous hearing on the plan itself that was held 
in Hattiesburg, a copy of which has been introduced as 
part of this record? A. Yes.

Q. Mr. Walker, you understand that as superintendent 
is it part of your duties to make recommendations to the 
Board of Trustees as to what they should do with reference 
to desegregation for the year 1965-66? A. It is part of 
my duties, yes.

Q. Have you made the recommendation? A. Yes, I 
have.

Q. Have they accepted your recommendation? A. As 
of now, yes.

Q. What was your recommendation? A. I recom­
mended that we move to the second grade, beginning 
1965-66.

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104

Q. AVould you tell the court, if you will, your reasons 
for making this recommendation and as to why you think 
this is the best thing? A. I would like, if I may, to give 
a resume of the administrative position we were in and 
then approach that from that point.

Q. Alright. A. (Reading) Hearings last May on the 
merits of this case evoked testimony to the effect that I 
Avas then aAvare of the Brown decision of 1954 as I had 
been and am now.

I testified in substance in this regard that after that 
ruling I had reappraised the organizational structure of 
this school system and based upon knowledge of pupil 
records over a period of years and on my personal know­
ledge, observations, and experiences as superintendent of 
the Jackson Public Schools, I came to the conclusion that 
it Avould be in the best interest of all pupils in this district, 
and for the school system itself, not to \mluntarily assign 
pupils of the Avhite and Negro races to the same schools.

I said then that in the intervening years there were no 
requests for a different school assignment than had been 
made that could be considered, and that the practice of so 
assigning pupils to schools continued until the court issued 
its order in this case last July.—”

Mr. Bell: Let us interrupt at this point and ob­
ject. We don’t mind Dr. Walker, who is in charge 
of a very large system, referring to notes as to 
statistical data as to dates, etc., but I think he is 
capable of testifying from his own knoAvledge with­
out reading a speech to us and we object to it.

The Court: I will overrule the objection. He is 
entitled to look at what he is testifying from.

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105

A. (Continuing reading) I added that annually since 1954 
I examined educational records of this school district and 
reached the positive conclusion each time that the proce­
dures being used were best for all pupils and for the school 
system as a whole.

Furthermore it was my judgment when the suit was 
filed involving this district that the administrative pro­
cedures being employed were best for pupils and for the 
school system, and even though the court agreed with this 
conclusion based upon the facts presented, the court never­
theless ordered that this school system be desegregated.

With the issue of desegregating the schools of this dis­
trict having been decided, pending the outcome of the 
appeal of this case, the responsibility of the Board of 
Trustees and its staff is to handle this process for the best 
interest of the education of all pupils, and so to do “with 
all deliberate speed.”

In my judgment we are proceeding “with all deliberate 
speed” , and we are in keeping with this judicial concept 
when we propose as a next step in 1965-66 to include the 
second grade on a freedom-of-choice basis to all pupils in 
this school district. There are two fundamental reasons 
for this opinion, namely, the educational welfare of pupils, 
and the maintenance of a good public school system.

I would like now to comment on this judgment in more 
detail.

Transcript of Testimony—March S, 9, I960
Kirby P. Walker—for Defaidants—Direct

Underlying Philosophy

The plan for desegregation of at least a grade a year as 
adopted by the Board of Trustees o f the Jackson Public 
Schools is not one of gradualism or of procrastination for 
the sake of delay.



106

To the contrary it is a bona fide plan for public school 
administration founded on our knowledge of the educa­
tional characteristics of pupils in this district, and upon 
our confidence in the capabilities of our principals and 
teachers to bring about ordered desegregation on a de­
fensible educational basis.-—”

Mr. B ell: That is exactly why this kind of testi­
mony is improper, Judge Mize. That whole last 
sentence is the very issue in the case, whether or 
not the procedures are carried out and the recom­
mendations made are proper and acceptable in law, 
and as far as educational administration is con­
cerned. We don’t have a proper opportunity to 
check and everything else, that he is going to be 
reading through this whole prepared statement here 
on the stand.

The Court: I will overrule the objection. He is 
testifying to facts, although he has reduced it to 
note form. But T think it material to some of the 
questions involved. Of course, there is more than 
one question. There is the question of whether or 
not the injunction should be granted, whether or not 
they acted in good faith, and his testimony, as I 
follow it, is that prior to the judicial determination 
here and the finality of the desegregation of all the 
schools through out the nation he was working to 
what he thought was the best interest of both races, 
but since the matter has been settled he is giving 
his views as to what he thinks would be best in this 
area as to how to desegregate to the best interest 
of all the parties. Of course, the final question would

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107

be for the court to determine, but I think his testi­
mony, his testimony of his judgment, would be 
competent and so I will overrule the objection.

A. (Continuing reading) It has been designed so that (1) 
all pupils will be fairly dealt with as they progress through 
these schools, so that (2) all teachers and principals will 
have requisite time for observations, preparations, and 
experiences to deal with new and unfolding professional 
challenges, and so that (3) parents of public school chil­
dren, in attitude and manner, can make adaptations that 
permit them to work in school and community settings 
unfamiliar to both white and Negro.

This reasonable procedure provides time allowances 
judged necessary while changes are occurring so that the 
educational pi'ogram of the schools can be kept on a steady 
course for improvement; it makes for maintenance of high 
standards of educational achievement for all pupils; it 
minimizes consternations of public parents, professional 
personnel, and pupils; and it spares the entire public 
school system needless widespread disruptions since at­
tention and effort each school year can be focused at the 
new level of desegregation to be experienced rather than 
being widely diffused or randomly dispersed.

May I briefly review our conception of the fundamental 
educational justification for beginning desegregation with 
grade one?

When this case was heard on its merits, well documented 
evidence was submitted by the defendants which showed 
that in this school system as between Negro and white 
pupils the disparity as to their educational aptitude and 
educational performance became more pronounced as their 
years of school attendance increased. It was noted also

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108

that as white and Negro pupils entered the first grade in 
this system this difference was smaller than for any sub­
sequent year.

This Court’s judgment was made on July 6, 1964. In 
compliance therewith, it then became my duty to recom­
mend to the Board of Trustees a plan to desegregate, in­
cluding “a statement that the maintenance of separate 
schools for the Negro and white children . . . shall be 
completely ended with respect to at least one grade during 
the school year commencing September, 1964 and with 
respect to at least one additional grade each school year 
thereafter,” as the Court instructed.

On the assumption that the manner by which desegre­
gation would begin would unquestionably pose new ad­
ministrative and instructional problems for this system, 
sheer logic persuaded me that its inception should be at 
the point where these problems could best be handled 
for all to be involved. Regarding this matter I said to 
the Court at the Hattiesburg hearing on objections to the 
Board’s plan that we had proposed to begin with the 
first grade, because a six-year old is more adaptable to 
changes than is a pupil already conditioned by one or 
more years of school attendance in our system. I ob­
served that the first-grader is more amenable to teacher 
control than is an older pupil, that is, the six-year old 
is more docile and more willing to take directions from 
his teacher. This was judged important since our primary 
task is education. And I continued that by so beginning 
the energies of other teachers at all levels could be largely 
devoted to instruction rather than to striving to blend 
pupils of different ethnic backgrounds into manageable 
class situations. Finally, I said that school desegregation

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109

would be a new experience for our schools and for our 
citizens, and it was our belief that experiences to be gained 
by teachers, parents and pupils could be more effectively 
utilized by commencing with the first grade and then 
advancing from that grade rather than starting at some 
other grade or grades in our twelve-year school program. 
Older pupils, if desegregation was to begin with them, 
I warned, would be in class environments alien to their 
previous experiences, and I suggested that teachers of 
such classes would likely find themselves involved in the 
exercise of more restraint and more disciplinary action 
than would conventionally be expected because pupils in 
strange situations would tend to be show-offs and would, 
therefore, require more control.

Thus, as the Court agreed July 29, 1964, beginning 
with grade one, desegregation for the Jackson Public 
Schools commenced in September on a freedom-of-choice 
basis for all grade one pupils.

1964-65 Desegregation

Of 39 Negro pupils who chose last fall to attend schools 
in this district where white pupils also chose to attend; 
38 have continued in attendance up to this time. The one 
withdrawal evidently moved from the district shortly after 
school began for we find no sign of his trying to enter 
another school in this system. On the basis of attendance 
alone it is manifest that the classroom situations in the 
eight schools which they elected to enter have been judged 
by their parents to be acceptable.

I wish to emphasize right here that the trustees and 
the employees of this school district have followed with 
meticulous care every condition set forth for implementa­

Transcript of Testimony—March S, 9, 1965
Kirby P. Walker—for Defendants—Direct



110

tion of the plan beginning last August and continuing 
to date. At no time have we deviated in any particular 
form the prescribed plan. Similar caution has been exer­
cised by the school administrative staff to see that all 
parents were informed and clear as to their rights. In 
public notice, not only was the plan of desegregation 
given but telephone numbers of several school officials 
were listed with the notice so that further information 
could be obtained upon call. Where individuals evidenced 
need for assistance a principal or central office staff mem­
ber conferred in person with them. Local graphic and 
electronic news media were generous in providing public 
information about the plan. One reporter went so far 
as to prepare a simple catechism on the plan of desegrega­
tion which was published in a local paper.

It seems appropriate that in the context of this hearing 
that I relate to the Court what was done over and beyond 
the call of normal duty to prepare for and to be adequate 
to our orders for I had assured the Court of good faith 
compliance on our part.

All 37 elementary school principals and all 122 first- 
grade teachers in the system were called to woi'k earlier 
than usual last summer, at considerable expense to the 
district, so that every detail of school change might be 
handled properly. Central office administrators and prin­
cipals held numbers of work conferences some of which 
extended over into Saturdays and Sundays. Following 
school admissions and beginning of classwork in Sep­
tember, principals of the eight schools have met often 
with the superintendent and some of his associates in 
sessions running from one to three hours to report on 
their respective experiences and to share with each other

Transcript of Testimony—March 8, 9, 1965
Kirby P. Walker—for Defendants—Direct



I l l

procedures in classroom and school management tech­
niques that seemed helpful in maintaining a good learn­
ing climate for all pupils in their schools. We found, too, 
that, first grade teachers who had both races in their 
classes wished to meet with each other to exchange ex­
periences. These extra conferences and critiques have en­
gendered in all involved a commendable professional com­
mitment.

Parenthetically, let me emphasize that much of this 
extra work will have to be repeated this fall since more 
schools, more pupils, teachers and principals will be af­
fected by action taken here today.

I recollect that counsel for the plaintiffs expressed con­
cern to the court in the Hattiesburg hearing that this dis­
trict should get on with desegregation on a worthwhile 
basis and not with a start of two or three children in a 
whole school system. In other words, as I interpreted this 
concern, it was desired that freedom of choice should begin 
on a basis that would insure that there was meaningful 
desegregation from the outset.

I submit that the Jackson Public Schools system had 
meaningful desegregation in its first year. In support of 
this I wish to report that recent inquiry was made of sev­
eral superintendents of schools in neighboring systems as 
to their districts’ experiences during their first year or two 
of desegregation. I learned that in Montgomery, Alabama, 
when desegregation started in 1964-65, of a total enroll­
ment of 40,000 pupils, 16,000 of whom are Negroes, eight 
Negro pupils entered schools of Montgomery last Septem­
ber previously attended by white pupils. In Mobile, Ala­
bama, enrolling about 80,000 where desegregation began 
two years ago, seven Negro pupils of more than 30,000 
Negro pupils are now attending schools previously at­

Transcript of Testimony—March 8, 9, I960
Kirby P. Walker—for Defendants—Direct



112

tended by whites, and in Birmingham, Alabama, where 
desegregation commenced in the fall of 1963, of nearly 
72,000 pupils enrolled, after two years, nine pupils of more 
than 35,000 Negroes are now in schools once enrolling only 
white pupils.

In just one year, this school system had more than four 
times as many Negro pupils in schools formerly attended 
by white pupils, as did any one of the systems named, even 
after two years of desegregation for two of them. And I 
bear in mind that this system has the fewest Negro pupils 
of the four mentioned—15,500 of a total enrollment of 
36,000.

The Jackson desegregation record proves the Court was 
correct in the view expressed in Hattiesburg last July that 
there would be quite a number who would make application 
for the change. As these records and experiences of neigh­
boring districts are compared, I can conceive of no valid 
ground for complaint as to the degree of desegregation or 
as to the way the Board of Trustees of the Jackson Public 
Schools has complied with its orders.

1965-66 Plan

I come now to planning for the second year.
The plan that I have recommended for 1965-66 is founded 

on the fact that there was meaningful desegregation in 
1964-65 in grade one, and that it is in interest of the educa­
tional welfare of all children in our charge that grades 
one and two should next be opened to all pupils. This is 
submitted as being proper planning for desegregation and 
educational progress as opposed to a plan for desegrega­
tion of several grades merely for the sake of form or of 
trying to make a show.

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Kirby P. Walker—for Defendants—Direct



113

I believe firmly we are on a fair and solid basis to pro­
pose that for 1965-66 all pupils entering the first and sec­
ond grades shall be admitted to the various elementary 
schools according to the plan adopted by the Board of 
Trustees, July 14, 1964.

To give more force to this recommendation, let us con­
sider the nature of school work for the first two years of 
a pupil’s attendance, and look at the character of the third 
year. In any orderly program of education there should 
be a dequential development of the skills the child will use 
throughout his normal twelve years of school attendance.

In the first two grades much emphasis is placed on his 
learning to take and follow directions, on acquiring or im­
proving skills of speaking, listening, and reading, as well 
as on the skills of arithmetic. Within the scope of the first 
and second grade the pupil’s work is closely directed by 
his teachers.

At the end of two years of school experience it is ex­
pected that pupils will have acquired sufficient skill of 
listening, reading, and interpretation to take direction from 
his teacher and to follow them independently. The inde­
pendent use of these skills becomes increasingly necessary 
as his educational growth develops in classroom situations 
containing about 30 pupils on the average.

Now at the third grade the curriculum broadens in this 
school system. For the first time the child is issued state- 
loaned textbooks in arithmetic, in geography, and in Eng­
lish. This indicated that he should be proficient enough 
to use these on his own with considerably less teacher di­
rection than he received at the second-grade level.

The social studies program emphasizes this need for 
mastery of certain skills. In the Jackson elementary

Transcript of Testimony—March 8, 9, 1965
Kirby P. Walker—for Defendants—Direct



114

schools, for example, pupils are first introduced to maps 
and globes at the third grade.

It is at the third-grade level also that the child actually 
uses the school library. While he has had access to library 
books in his classroom in grades one and two, now he goes 
to the library and selects material on his own and is ex­
pected to read and report on some of this material.

It is at the third grade in the Jackson schools that the 
change from manuscript to cursive writing occurs. Writ­
ing with facility and with a degree of creativity, as well as 
legibility, is stressed at the third grade. Speed in writing 
assumes more importance in this year.

In this school system, it is also at the third-grade level 
that changes are made in the method of evaluating pupil 
achievement. The pupil appraisal report for grade three, 
which periodically goes to his parents, is different to the 
appraisal reports for grade one and two which also go to 
parents at six week intervals. For first and second grades, 
reporting is subdivided into skills for some subject areas, 
and the quality of pupil mastery of these skills is marked 
accordingly. But at the third grade, teacher evaluations 
of pupil progress are based on broad subject areas with 
no breakdown of subjects into skills.

These differences occurring at the third grade seemed 
of significance in our planning for next year.

Under the freedom-of-choice provision by which pupils 
are admitted to local schools we have no way to select 
those who wish to move into this school district or who 
choose to move from one school to the other in the district 
as they apply for admission each year. We can only as­
sume that on the basis of their educational traits their 
performance will be somewhat similar to what has been

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115

typical of other such pupils for many, many years. Dr. 
Barker, Director of Testing and Special Education for 
the Jackson Public Schools, has reported on the results 
of our fall testing program of 1964-65. It corroborates 
the comment I made earlier that in this school system 
disparity in academic performance tends to widen as school 
attendance for Negro and white pupils lengthens.

It follows then that in fairness to pupils, grade two 
should next be desegregated.

Next I wish to show why management of the changing 
school scene in this district merits special consideration. 
This too upholds my contention that desegregation for 
next year should he only for grades one and two.

A school principal is a readily accessible officer in the 
daily operation of school. He is on duty for personal con­
sultation from 8 a.m. to 5 p.m. each school day. Also, he 
can be reached by telephone during these hours or at his 
home, before and after office hours. Weekly there is a 
fairly steady flow of citizens to his office, most of whom 
are patrons of the school. He finds himself listening to 
their concerns, criticisms, commendations and complaints, 
and in response trying to act constructively. When their 
criticisms and complaints become excessive and resolution 
is too long delayed, or not forthcoming, it is understandable 
that the time he is due supervision and evaluation of 
teaching and learning will be reduced by virtue of other 
demands upon him.

From our observations of other recently desegregated 
school systems we note there must be special vigilance by 
the principal to see that the quality of educational service 
is maintained in all classes. Under ordinary, favorable con­
ditions he must work conscientiously and continuously with 
each teacher on his faculty to make certain the work of

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116

each one will be most productive. His duty requires that 
time be devoted to school-related groups also. When change 
is effected, with affects personal and social relationships 
so markedly, as does desegregation, the principal is ex­
tended intellectually, physically, and emotionally to keep 
his school program on course and his patrons and faculty 
in a cooperative relationship. This has been true here for 
it has been evident that each of the eight principals of 
schools with both races enrolled has had added calls upon 
him by his school community, by his faculty, and by his 
pupils.

Community.— There is no way to ignore, nor do we imply 
that we should, that the point of reasonable tolerance for a 
changing situation in a school community reposes to a 
large extent in its residents, or more particularly in its 
school patrons. When this point is exceeded, support of 
public education, both in patronage and in financial sup­
port, will likely be lowered. Although public schools will 
continue to operate, the quest for academic excellence, the 
zest for work, and the pride of being a part of such an 
institution can fade as people flee to more desirable school 
situations. This seems especially true in large urban com­
munities. The history of pupil exodus to “ sheltered” or 
“ insulated” suburban areas and to non-public schools is 
well known, as is the story of their replacement in these 
urban schools by the educationally handicapped, which 
has been their lot either by absence of a benevolent culture 
for them or of combinations of benign genes, or both. With­
out doubt public schools would reorganize in time to deal 
with their educational problems but there is no denying 
that popularly the status of public education in that com­
munity would be downgraded.

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117

Faculty.— A stable, well-oriented, capable staff is essen­
tial to any sort of operation. I think it is paramount in 
public education under the circumstances.

Let me impress upon all that desirable teachers and 
principals will readily find employment elsewhere if their 
working conditions in a school system and school com­
munity are not judged by them to be professionally ac­
ceptable and satisfying. Educators are not indentured to 
a particular school for a lifetime.

Teachers require and are entitled to time and assistance 
from their supervising principals. We find they need indi­
vidual help in becoming equipped to deal with pupils of 
diverse cultures as desegregation changes the composition 
of their classes.

Rapport with pupils of an ethnic culture different from 
theirs is not gained by dictum. This is a matter of per­
sonal interaction between child and teacher.

Serving his faculty as individuals and as a team draws 
heavily upon the time and intellectual resource of a prin­
cipal.

Pupils.— Just as our teachers are seeking to become 
more adept in teaching pupils with different cultural back­
grounds so must pupils be forbearing with their peer group 
especially when it is composed of pupils of different ethnic 
origin. Now it may not occur to a person who is not in 
school work, but teachers know that community hostility 
can be mirrored in behavior of pupils in the classroom, and 
that a teacher’s time can be dissipated in efforts to clear 
an emotionally charged atmosphere, or to resolve differ­
ences that arise between pupils.

As a first-grader, a child is largely immersed in his own 
world. He is self-centered. At the second grade level, he

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118

lias become more aware of his classmates, or we might say 
the he is more group conscious. This group consciousness 
grows with each succeeding level of school. And with a 
child’s maturation the more intense and varied do be­
havioral patterns become in a classroom, and in conse­
quence the greater is the need for all pupils to conform to 
school procedures which have been established for their 
educational welfare.

The reaction and response of community, faculty, and 
pupils of this system have been carefully assessed and 
lead us to the firm opinion that the Board of Trustees of 
the Jackson Public Schools is acting with proper discre­
tion in approving the recommendation that grades one 
and two only should be desegregated in 1965-66.

Summary

In summary, I have touched briefly on our administrative 
posture since 1954, I have commented on the experience of 
the first year of desegregation, I have reported again on 
the educational character of pupils in this system and their 
performance, I have discussed the nature of the instruc­
tional program, and I have enumerated several problems 
for school administration involved in school desegregation.

I conclude, and respectfully submit that it would be edu­
cationally hazardous to pupils, excessively expensive in use 
of public funds, unnecessarily demanding on time of pupils 
and teachers, and deleterious to the support of public edu­
cation, if the plan for desegregation in this system were 
advanced beyond grade two for 1965-66.”

That is my statement.
Q. Mr. Walker, with reference to the school system here 

in Jackson, in your judgment is the same educational op­

Transcript of Testimony— March 8, 9, 1965
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119

portunity available to any pupil regardless to color! A. 
Are you saying with respect to grade level!

Q. Yes. I mean does his color make any difference as to 
whether or not he has an opportunity to get an education ? 
A. No, it does not.

Q. In other words, the Negro and the white— regardless 
of color—has the same opportunity to an education in this 
district? A. That is right.

Q. And you are saying that there is no discrimination 
between the pupils insofar as race is concerned? A. No, 
Sir.

Q. Associate counsel said that your last answer may be 
misunderstood. Did you intend that there was or was not 
any discrimination between the pupils because of race. A. 
That there is no discrimination on the basis of race.

Q. So their educational opportunities would be the same 
in this district. A. That is right.

Q. So that the excessive desegregation would simply give 
more mixture or social mixing and have no effect on the 
education as such.

Mr. Bell: We object. We have to put up with 
leading questions after he has already read this 
long report.

The Court: Yes, that is leading and I sustain the 
objection.

Mr. Cannada: I believe that is all.

Cross Examination by Mr. Bell:

Q. You said that at the outset of your testimony it was 
your testimony at the earlier stage of this case that the 
old assignment procedures are best. Would you indicate 
to the Court whether it is still your opinion that the old

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120

assignment procedures are best. A. I am not sure I under­
stand you.

Q. The old procedures that existed prior to the Court 
order requiring desegregation. A. In this school system?

Q. That is right. A. As I see it, yes, I think it would be 
better.

Q. This report you just read to us, how was that pre­
pared and who prepared that? A. I wrote it after con­
sultation with principals, teachers, and associates in the 
general office.

Q. The information you read to us reflects the data, the 
facts you obtained from all of these people! A. Yes.

Q. How about this aspect of studies you said you made, 
or that had been made, of desegregation in other systems— 
Montgomery, Mobile. A. I personally talked to these 
superintendents.

Q. You personally talked to the superintendents on that? 
A. Yes.

Q. And they told you—  A. This is information they 
gave me.

Q. And you included that in your report? A. Yes.
Q. Let me ask you, Dr. Walker, whether or not you have 

ever reviewed some of the results by school, these test 
results by schools, and whether or not you recall there 
was any disparity between the test grades made by a 
school from high economic area such as Power, Spann and 
one from a lower area such as Davis or Barr; have you 
ever had occasion to make a comparison? A. I would 
rather not discuss schools in terms of economic areas. 1 
would rather discuss them in terms of pupils. We have 
no basis upon which—

Q. You can answer the question first rather than what 
you prefer to do.

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121

Mr. Cannada: I object to him interrupting the 
Witness and ask that he let him finish.

Mr. Bell: The witness indicated he would not 
answer.

The Court: I will let him repeat it.

Q. The question was whether or not you ever made 
comparison in the achievement level from these tests be­
tween schools such as Spann and Power, located in well 
to do areas, with schools that are located in less well to do 
areas such as Davis and Barr? A. And my answer was 
that I did not care to describe schools as serving areas of 
social or economic level.

Q. Do you disagree that these schools— A. May I fin­
ish?

Mr. Cannada: Let him finish.
The Court: I think he has answered the question.

A. I have seen test results of all schools in this district, yes.
Q. Then, the question is have you compared— I’m sorry, 

let me back up.
Would you agree that the students who are attending the 

Spann and/or Power school are generally from a higher 
socioeconomic level neighborhood than those who are at­
tending Jefferson Davis and the Barr Schools? A. I don’t 
wish to be in the attitude of judging social and economic 
status of people. I deal with children who present them­
selves at school. I think I helped in trying to answer your 
question when I said that I have looked at the test results 
of all schools; that is, compiled results.

Mr. Bell: It is rather important, Your Honor, and 
I think you could almost take judicial notice that

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122

the previous witness indicated he recognized the area 
in which these schools are located.

Q. So, would you disagree that the students from Barr 
and Davis are not generally from higher economic and 
social level. A. I wouldn’t disagree, but I wouldn’t agree.

Q. What do you do! A. I deal with children and schools 
as they are.

Q. You have lived in Jackson a long period of time. I 
want to know whether you make any distinction between 
any of the white schools. A. Distinction with respect to 
what ?

Q. Between a school such as Barr and a school such as 
Spann. A. And the distinction being what—in school ad­
ministration ?

Q. No. The question was whether you recognized there 
was any distinction as far as the social and economic level 
of the pupil. A. I am presuming there is some difference 
in all schools in the community, but I don’t want to label 
schools.

Mr. Bell: I would like the Court to direct the 
Witness to answer either that he does not know or 
he does know and whether or not he agrees with it.

The Court: I can’t tell a witness how to answer a 
question. I take into consideration the answers he 
has given. As far as relevance, if it is relevant, 
and he declines to answer it, then the inference 
would be that it would be an unfavorable answer. 
That is all I can tell him to do.

Mr. Bell: I couldn’t understand that he was even 
willing to admit there was a difference.

Transcript of Testimony— March 8, 9, 1965
Kirby P. Walker—for Defendants—Cross

A. A social and economic difference?



123

Q. That is right. A. That is not in my area of confi­
dence to really determine whether a person is socially or 
economically well off who sends a child to a certain school. 
If we had access to such information of his income or the 
size of his home or the rent he pays or the value of his 
home or his educational achievement or his parents edu­
cational attainment, then I would be on better ground to 
answer your question.

Q. I gather that you do not make such studies! A. No, 
Sir, I do not.

Q. With regard to their socioeconomic background have 
you made studies of how a school such as Davis and Barr, 
how the achievement level of the students in those schools 
compares with the achievement level of schools such as 
Spann and Power? A. Now I am at a loss to really be 
specific. I would say generally there would be differences 
between schools. To what degree the difference would be, 
I am sorry I don’t know.

Q. You have made no study of what the answer to that 
question would be? A. Not in the framework in which it 
is posed here. As I would see it, the primary purpose of 
our feeding back, so to speak, to a faculty and to a princi­
pal of the test results is that they may know as a faculty 
what their abilities are and what their achievement levels 
are for their youngsters and what they would need to do 
to bring an achievement up—to make requests for supplies, 
or library resources, or what ever will give them strength 
in their instructional program. Basically that is what it 
would be. I don’t see this information being used and I 
don’t think that it has been used to compare one school 
with another in a school system. I don’t think Dr. Barker 
implied that. I didn’t get that from his remarks.

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124

Q. Explain to me what is the educational value of tabu­
lating the results of all the Negro schools together, or the 
pupils within all the grades— Sorry. All the Negro second- 
graders, all the Negro third-graders, and comparing them 
with a result of all the Whites in the second and third 
grades. A. First of all, you will remember we have been 
in a separate school program for a hundred years—not 
quite but not far from it— and these data have been col­
lected over many years on that basis. We are going 
through a period of transition and we are dealing with 
pupils who were in schools attended by Negroes only that 
are now going into schools that have been attended by 
white pupils only, and what they come with in the way of 
change either way, into or out of one school to another, is 
of significance to us. We are dealing with people.

Q. Would this be of any more significance assuming your 
concern is the lower level of achievement of some of the 
Negro schools; would you have a similar concern with the 
pupils, white pupils, coming into the system from some 
rural schools where the achievement level I understand is 
very, very low? Do you have similar graphs to show 
achievement levels? A. From other districts?

Q. That is right. A. They come with cumulative rec­
ords. I know of no study that we have made specifically 
with respect to the migrating youngster. I have the feeling, 
just one of general knowledge, that there must not be too 
much difference in their performance and their ability as 
they enter the school system. It may be so, but not pro­
nounced.

Q. What is the significance or what would be the sig­
nificance, from reading this report and these exhibits, of 
taking a white child at the top of that reading level and

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125

putting him in a Negi'o school where the average level 
was much lower? A. Educationally what would be the 
significance ?

Q. Educationally, yes. A. For a particular child?
Q. Yes. A. Without regard to any social question at all ’
Q. Yes. A. Purely as educational?
Q. Yes. A. I don’t know that there would be any serious 

problem.
Q. Would the reverse work? Would the reverse be the 

same; if the Negro child who, let us assume, has the aver­
age of a school was going to be placed in a school where 
the average was much higher, as indicated a little while 
ago by Mr. Barker’s testimony, would all these other fac­
tors average out the same? A. We are in that experience 
now. We will know more about it next year.

Q. I gather that the thrust of putting these exhibits on 
is that you see some serious problem? A. I do, that is 
right.

Q. And that problem is reflected in these test results? 
A. That is right.

Q. What is that problem? A. That problem is that if 
there were any number of these youngsters that were mov­
ing from schools that were all Negro to schools that were 
all white in attendance, that if there were considerable 
mixture of those you would have educational problems 
for both groups of children.

Q. What would you consider a considerable mixture, to 
use your term? A. Well, I think we had an interesting 
experience this year, mixtures in some classes.

Q. This year, as I recall, we had 39 Negro children in 
8 white schools. There were 19 other elementary schools, 
white, that remained entirely segregated; isn’t that right?

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Kirby P. Walker—for Defendants—Cross



126

A. Yes. I couldn’t know about the other number of schools, 
but the 8 is correct.

Q. As a matter of fact, if my figures are correct, a per­
centage of the total Negro school population who got a 
desegregated education last year was two-tenths of one 
percent. A. It was open to them though.

Q. As a matter of fact, only two-tenths of one percent of 
the Negro pupils were actually enrolled in a school. I 
understand it was open, but isn’t that correct! A. Yes, 
that is correct. I don’t know about your arithmetic.

Q. Have you made any study or surveys as to what 
would be the likely number of students who would be 
seeking desegregated education for the coming school year! 
A. No, Sir, we have made no survey.

Q. Yet, you indicate that you have a considerable fear 
of opening up more than two grades! A. I think that it 
would be unwise, yes.

Q. Why do you think that! A. For the reasons I enu­
merated here. First of all, we must assume that the first 
and second grades, being open on a choice, that this start 
will certainly be expended, both the first and second grade 
level.

Q. Can you tell us as you go along why you would 
assume that! A. Yes, first of all the edge has been 
knocked off of the change. We have been through this. 
I would think that more negro pupils would be interested 
in making choice than was manifested this last fall. The 
next thing is that the schools in the community are gen­
erally open, the children know where they are, the first 
grade children know where they are, the second grade 
children will be moving along in the next step. This is not 
something that has been done clandestinely or subrosa. It

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127

is wide open and well known and I would think that we 
have the possibility of every school in the community hav­
ing children of both races in them next year—the elemen­
tary schools.

Q. Is any of this assumption supported by reviewing the 
experience of other school systems that are desegregated, 
as between the numbers on the first year and the numbers 
on the second year! A. You mean like Montgomery!

Q. I just wanted to know whether you had made studies 
as to the increase of the second year over the first year. A. 
No, no such study as such, however, when we visited schools 
last spring this was a matter of inquiry, but the situation 
is different now than what it was a year ago. Congress 
has passed the Civil Rights act and this is just further 
along in time.

Q. The things that you have enumerated would be your
basis for your feeling that there will be a substantial in­
crease! A. I say meaningful— I will use your words—I 
would say we will have meaningful choice.

Q. You don’t have reason to believe the number of 39 
in a grade would double or triple! A. Yes, I do.

Q. Are there any additional reasons to the ones you 
just mentioned? A. I think they are rather significant.

Q. Did you indicate that you talked to some Negro 
parents about what their desires are as far as desegrega­
tion is concerned this year! A. I don’t recall a conversa­
tion. I have talked to many Negro parents who have either 
been by our office or who have called us. But, I don’t 
remember specifically talking to a person and asking the 
question what he desires.

Q. Am I correct in summarizing the factors in the recom­
mendations contained in your report is that you recom­
mend only one additional grade this year because this is

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Kirby P. Walker—for Defendants—Cross



128

the amount of desegregation you feel the community is 
willing to accept and that the School Board can handle 
as far as adjustment and acceptance is concerned? A. I 
think it is a factor, yes.

Q. Now, another factor where recommending only two 
grades would be that disparity exists between the Negro 
schools and the white schools? A. In the pupils.

Q. And that you don’t want too many pupils or too many 
grades to be involved for that additional reason; is that 
correct? A. I think that is right, yes.

Q. On the answers to the interrogatories that you sup­
plied I reviewed those and it seems to me that when I 
looked at the total plant capacity for Negro schools, 14 
of them, it came to 12,405 and that that figure was some 
3,743 less than the current total enrollment of Negro 
students. Now, I further looked at the answers and found 
that the 37 white schools have a total plant capacity of 
some 21,250, which is 717 seats or spaces more than the 
current enrollment of 20,553. It would seem from these 
figures that the Negro schools are some 3500 or 3600 seats 
of people over the plant capacity, while the white pupils 
overall is 717 seats above the present enrollment. Could 
the over-crowding of the Negro schools be a factor in the 
disparity that exists in the achievement levels? A. As I 
recall it the loads that teachers deal with are not materially 
different. There is another reason for this that doesn’t 
come out in just a count of this kind. In making projec­
tions on enrollment, the enrollments of Negroes have 
almost invariably exceeded the forecast and we have tried 
to make corrections based on previous records of what 
these new enrollments would be. We have tried to staff 
for. it. In this particular year, as I recall, enrollment of 
Negroes was about 500 more than was the year before;

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Kirby P. Walker—for Defendants—Cross



129

whereas, the enrollment of white pupils is about what it 
was the preceeding year. And in making a projection a 
year earlier, we had expected about 750 more white pupils 
this year than actually appeared. There is some school 
construction that is underway that will overcome some of 
this difference. But I believe on a teacher basis the loads 
are not materially different.

Q. I still don’t understand exactly the answer to my 
earlier question. Is it your response that the situation 
in the Negro schools and the white schools as far as 
number of students are concerned that this is not a factor 
in the disparity and achievement level? A. I don’t think 
it is because we finally reduced these to teacher-pupil loads, 
and those loads are not significantly different. I don’t re­
member the— . I think you asked for it by schools, did 
you not?

Q. I think so. Here again, it kinda varys all over the 
lot on your pupil-teacher ratios and it is a little hard to 
compare at the high school level, in addition. When we 
look at the average class sizes we see that there is quite 
a variation, but generally the Negro schools are up at 
the top end of the scale and the whites are at the lower 
end of the scale. A. That is true with elementary I be­
lieve, isn’t it?

Q. Yes. Some of the white high schools, although it is 
hard to tell— . A. If we had had 750 increased enrollment 
in elementary schools where white pupils had been attend­
ing, then it would have made some difference. If we get 
a little slowing down on migration of Negro pupils this 
would begin to level out, but this is something again we 
can’t out guess.

Q. But you would agree with what my figures seem to 
indicate, that at the present time there is considerable more

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130

available space when you total all space available in white 
school areas than Negro schools? A. You are talking 
about the built schools capacities?

Q. That is right. A. That is correct, but I also added 
that there is new construction and a new elementary school 
will be ready for use this fall and, as I recall, a 14 class­
room addition available at a secondary school.

Q. And these schools will be serving Negro neighbor­
hoods for the most part? A. Yes. And we will have 
re-locateabie classrooms at schools—and these are tempo­
raries— aside from the permanent—-the constructed build­
ings. We will have re-locateable classrooms at schools to 
try to give teachers reasonable loads.

Q. Let me ask you whether in studying the desegrega­
tion that took place in Mobile and Montgomery whether 
or not you read the desegregation plans that were finally 
approved by the District Court in those areas? A. I did 
not read the plans but I was fairly familiar with them. 
Our attorneys had advised me. I think that generally I 
have an idea of what was involved.

Q. Were you aware of the various criteria that was set 
up before transfer to desegregated schools could be ob­
tained in those areas? A. I think only in Birmingham, 
as I recall.

Q. Do you know whether there were such criteria in 
Montgomery and Mobile? A. No, Sir, I do not know.

Q. Do you know whether the criteria could have been a 
factor in keeping down the number of students who actually 
obtained desegregated assignments in the communities 
mentioned? A. I do not.

Q. You indicated in discussing the possible factors for 
the disparity in achievement in Negro pupils and white 
pupils over-all something referred to as benign genes.

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131

What do you mean by that? A. I was getting over a 
little bet into genetics, which is not my field, but, if I 
understand something of biology and physiology, a com­
bination of genes tends to give a person certain charac­
teristics or traits.

Q. How do you take that into disparity? A. Well, a 
person who was short changed in ability or by virtue of 
genetic conditions will not perform as well as one who 
has or who is favorably endowed.

Q. Can we go from that to the further conclusion that 
it is your feeling that the possible reason for the disparity 
is that the Negro pupils are generally in this unfavorable 
position in comparison with the white? A. I did not limit 
it to Negro students. I gave it as a wide open statement 
as to any person.

Q. You indicated this was one of the problems and I 
thought it was connected with the disparity in these test 
scores. A. It could be a factor, yes.

Q. Does the school system now, or is there any in the 
future, plan to assign students to schools and/or classes 
in accordance with the achievement scores that they make? 
A. We are not contemplating that, no, Sir.

Q. How about in the classes within a school, are there 
various class-grounds based on achievement or I.Q.? A. 
This varies by schools and I am not in position to say 
what the principals do in that respect. I think it depends 
on what the spread of ability of the youngster would be 
or what their academic level would be.

Q. As I understand it, there is no school-wide program, 
although superintendents and principals might set up a 
program of this nature in their schools. A. That is right.

Q. It seems to me that you testified last year you needed

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132

a slow start—I mean you wanted to start of one grade 
for last year because you wanted to permit all of these 
adjustments and new experiences and etc. to work out 
well. Now, this year you indicate that you would like 
again only one grade for some of the same reasons. In 
your thinking on the problem have you considered how 
long desegregation process should take in your opinion if 
it is to go along in the manner which you would like it to 
go? A. No, Sir, I think we ought to take— . We took 
this year and we have done our best to do what we said 
we were going to do and I think we have done it with 
credit to teachers and pupils and the community. I am 
looking at next year and I give a good deal of attention 
to the fact that within the first two years we were dealing 
with pupils who were in a primary situation and requir­
ing a good deal in the way of teacher direction and I 
would like to build on that experience and see where we 
stand next year and not just take 1965-66 and come back 
in the Spring of 66 and take a look at the situation and 
see what happens and I have no fixed notions as to what 
I would propose in 1966-67.

Q. Let me ask you this: If the Court were to approve 
your recommendation for a plan the Board has approved 
in taking two grades this year, do you think that would 
improve the time you would be prepared to take eight 
grades next year? A. How many did you say?

Q. Eight. A. I think it would be a mistake.
Q. Just answer the question, whether the compliment 

and these other problems you were using for justification 
for one grade would be so improved that you would take 
eight grades next year? A. I was looking basically at 
educational opportunities for youngsters and I must as­

Transcript of Testimony—March 8, 9, 1965
Kirby P. Walker—for Defendants—Cross



133

sume that when you say they have free choice we have 
got to look at ultimate and if we were to have a 60-40 
combination, so to speak, of children in every classroom, 
I think educationally it would be serious.

Q. Then your answer would be no that— A. But not 
on the basis of the community commitment. That wasn’t 
my point. I was looking at education, dealing with children. 
I think what we would get into would really be—I say I 
think and I think it is a possibility—I think it would be 
a resegregation of children within buildings that would 
be serious in trying to serve them.

Q. You mentioned having studied and having made 
studies in Mobile, Montgomery and Birmingham. I was 
wondering whether you made studies of other schools 
systems where 12 grades were desegregated in one year? 
A. I have not made such. When we say studies, I have 
not really made studies of Mobile and— .

Q. Are you familiar with such as this? A. Yes.
Q. Can you recall any by name? A. Baton Rouge, I 

believe.
Q. I believe that they were even slower than some of 

the others you mentioned, as far as the grade a year 
proposition. A. I remember Louisville, but I don’t recall 
the extent of pupils moving into schools where they had 
not been attending, but it was considerable.

Q. I wonder have you made any studies of any of the 
North Carolina communities where freedom-of-choice— 
in fact that is where the freedom-of-choice originated— 
and where the freedom-of-choice in all twelve grades is 
operating in 25 to 50 school systems? A. I talked to the 
Superintendent of Schools in Charlotte, North Carolina, 
but I believe that is a County Unit.

Q. Yes, and they do not have freedom-of-choice plan.

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Kirby P. Walker—for Defendants—Cross



134

Mr. Watkins: I object to the question. It is not 
predicated on asking the witness about a school sys­
tem that compares in any way with this one, par­
ticularly with reference to percentage of white and 
Negro children in the school district.

A. I don’t think asking questions of systems that aren’t 
comparable would be of help with our situation in this 
district.

Transcript of Testimony—March 8, 9, 1965
Kirby P. Walker—for Defendants—Cross

Mr. Bell: They raised the question about Mobile 
and Birmingham. I thought he might have seen a 
system where the pdan we would like—.

The Court: I will let him answer the question. 
I don’t see where it has much particular weight.

Q. You stated educational opportunities available to 
Negro pupils are no less than those available for the 
white pupils. You don’t mean by that that there aren’t 
quite a few courses, particularly special courses, in high 
schools that are offered at white schools and not offered 
at Negro schools, or are offered at more white schools 
than Negro schools? A. No. And it has been a year 
since I have looked at this, but as I recall there are some 
courses offered in Schools that are attended by Negro 
pupils that are not offered in Schools attended by White 
pupils, secondary.

Q. I am asking about courses available in White schools 
that are not available to students in Negro schools. Your 
response was not to indicate there were no such situa­
tions. A. No, but I know of no request or recommendation 
on the part of principal or teacher that he be given courses 
that are not being offered.



135

Q. Is that the basis for granting or having courses 
offered in schools, that the principal recommends! A. 
The principal and the staff and the apparent community 
interest and need, yes.

Q. In your plan as you recommended it to the Board, 
is there a provision for giving freedom of choice to pupils 
coming from outside the system regardless of the grade 
level in which they are? A. No, Sir. We are recommend­
ing only the first two grades.

Q. And pupils coming in above grade two under your 
plan they would be assigned to schools under the old 
segregated system! A. Yes.

Q. I will ask you what provision does the plan contain 
concerning notice to parents and pupils of their right they 
will have under the plan! A. As I recall, the Board stated 
to the Court and put it in the plan that they would give 
legal notice prior to opening of the schools. This doesn’t 
occur to me to be a problem. In the community the people 
are awTare of the fact that the schools are desegregating. 
The parents know it, the children know it, and I would 
say the community is well saturated and well informed 
with reference to freedom-of-choice.

Q. Would you say there is any difference in knowing 
that desegregation is going to take place in the abstract 
and knowing the particulars as to who will be able to 
avail themselves to the rights gained under the plan and 
what procedures have to be followed in order to avail 
themselves; would you agree there is a difference! A. I 
think if you would remember we have about the simplest 
process possible. All you do is present yourself to the 
building with the child and on a very simple little form 
just say “I want to attend school.”

Transcript of Testimony—March 8, 9, 1966
Kirby P. Walker—for Defendants—Cross



136

Q. But there is a procedure you might not learn from 
just reading the headlines about the story, isn’t that cor­
rect! A. We publish a school calendar once a year, not 
legally, just through press and no one has any doubt about 
when school starts. Folks get to school on time.

Q. Has the Board considered or would it be possible 
for the board to provide, written notice, some sort of 
mimeographed letter, to each parent that the child could 
take home at some appropriate time that would set forth 
a desegregated plan as it is finally approved! Has that 
been considered and would it be possible? A. It has not 
been considered. It would be possible, but I am not sure 
it is so feasible. We have in this community about 1 out 
of 5 persons moving in or out of the school district every 
year and I think if you tried to use such a device you 
would find you wouldn’t be having too much coverage. 
I would prefer using the conventional method we have 
used, namely, to rely on our local news media and the 
fact that we open our buildings before children report to 
school. The principals are in their buildings, one or two 
weeks ahead of school opening, two weeks I believe, and 
the teachers are there a week ahead and there are phones 
connected and people are not reticent to call and make 
inquiry or get information. I get it at home. Children 
call me, as well as parents.

Q. Was it your statement that you said about 1 out of 5? 
Does that mean about 7,000? A. Move in?

Q. Move in or leave. A. I mean within the district or 
out. We get a movement into the district and out of the 
district.

Q. What kind of check and review of their achievement 
level is made before these persons are assigned a school. 
A. It comes with them.

Transcript of Testimony— March 8, 9, 1965
Kirby P. Walker—for Defendants—Cross



137

Q. What kind of review do you make before you assign 
them to a school? A. You mean the first graders?

Q. Any level. A. Well, fifth-graders, where they go, the 
principal looks at the record and determines where the 
child should be assigned.

Q. A  fifth-grader coming into the system from a rural 
situation with a very low achievement level, if he were 
white that wouldn’t prevent you from putting him in the 
school where the achievement level was relatively high? 
A. Not if he lived there; not if he was in proximity of 
that building.

The Court: I think that at this point we will take 
a ten minute recess.

(Whereupon the Court took a ten minute recess.)

Mr. Bell: I think I tender the witness. I have 
no further questions.

The Court: Any re-direct examination?
Mr. Cannada: We have no further questions.

(Whereupon the witness was excused.)

Mr. Cannada: The Defendants rest.
The Court: Do you have a witness?
Mr. Bell: Yes, Sir, I do, Mrs. Singleton. And, 

in addition we would like to open by making exhibits 
the interrogatories and the answers filed by the 
Defendants to Plaintiffs’ Interrogatories, which the 
originals are in the files.

The Court: Let them be received, in evidence.

(Whereupon the same were received and marked 
as Plaintiffs’ Exhibits No. 1 and 2.)

Transcript of Testimony—March 8, 9, 1965
Kirby P. Walker—for Defendants—Cross



138

E dna Marie Singleton called as a witness, having first 
been duly sworn, testified as follows:

Direct Examination by Mr. Bell:

Q. State your full name. A. Edna Marie Singleton, 183 
Maple.

Q. Is that in Jackson? A. Jackson, Mississippi.
Q. Are you a Plaintiff in this case! A. Yes, I am.
Q. Do you have any children who are Plaintiffs’ in this 

case? A. Yes, I do have.
Q. What are their names and ages? A. Derrick Single- 

ton and Vickie Singleton.
Q. Their ages? A. 15 and 7.
Q. What grades are they in in school? A. They are in 

the seventh grade and the tenth grade.
Q. What was the first? A. The second grade and the 

tenth grade.
Q. Where do they go to school? A. Holy Ghost High.
Q. Is that a Catholic school? A. It is a Catholic School.
Q. What are your present intentions as to your desires 

in regard to desegregated education for your children? 
A. I would like to have both my children in desegregated 
schools.

Q. Do you know any of the Negro parents who sent their 
children to desegregated schools in 1964 and, if you know 
any of them, tell the Court how you came to know them. 
A. Yes, I do know some of them, the parents, quite a 
few of them. I was really disappointed after school was 
desegregated for the simple reason that only the first grade 
was intergrated and my son is in a higher grade and, of 
course, my little daughter is in the second grade, which

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139

meant she could not attend. But there were many other 
parents who wanted their children— .

Mr. Watkins: I object to her expressing the feel­
ing and views of any other parents. It can’t be any­
thing but hearsay.

A. I talked to them personally.

The Court: Just a minute. We have an objection 
made and don’t answer until I rule upon it. I sus­
tain the objection. That is purely hearsay.

Q. You indicated how you came to know these pax-ents 
who sent their children to Negro schools. A. By talking 
to those who wanted their children to go, but with reluc­
tance to do so because— .

Mr. Watkins: We object to her stating the feelings 
of other people to whom she talked.

The Court: I will exclude it from consideration. 
I f it is not admissable, I will exclude it.

Q. How did you come to know the parents who were 
actually sending their children to school or having the 
intention to sending their children to schools? A. Several 
of them were patrons of mine. They wanted to send their 
children to school if— .

Mr. Watkins: We object to this witness telling 
what other people wanted to do.

The Court: Yes, I will exclude it. Let me explain 
to the witness why she can’t tell that, because that 
is hearsay, unsworn testimony.

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140

Mr. Bell: She has not yet testified to anything 
else anybody else told her. She is testifying as 
to what she came to know as the result of the 
actions these people took. This is of her own ex­
perience. We go through this each time I come 
down here and I am sure he doesn’t use it in negli­
gence cases and other things. He knows as well as 
I do the limitations. He knows the limitations of 
the hearsay rule. He put on two witnesses whose 
entire testimony was, particularly the first witness, 
entire testimony was hearsay—those reports that 
he read. He had not given those tests and he had 
not graded the tests. He did not compile the figures 
—they were not by people under his supervision 
and he came on and testified.

The Court: And you didn’t cross examine him as 
to whether he checked them.

Mr. Bell: We objected to all the testimony. I 
didn’t want to stand up and keep objecting to every­
thing.

The Court: You have got to raise an objection 
for me to rule on it, so, no objection was made upon 
the grounds and if so it would have been proper for 
Mr. Watkins or who ever was examining to have 
brought out just what knowledge he did have of 
those figures. He said it was done under his super­
vision. Certain types of testimony like your ac­
countants, very frequently somebody else does the 
work but they check it and it is done under their 
supervision and it is competent. Here what you are 
trying to bring out is hearsay information and 
came from others when she actually talked to them. 
That is pure hearsay.

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Edna Marie Singleton—for Plaintiffs—Direct



141

Mr. Bell: Only if the purpose for which the testi­
mony is given is solely to prove the truth of that 
testimony and the truth of that testimony is not 
of issue here and what we are trying to show here— .

The Court: Well, it is of issue, otherwise you 
wouldn’t have put this witness on the stand to prove 
she wanted her’s to go into school. It is purely 
hearsay. You would have to bring the witnesses.

Mr. B ell: We may have to do that. I thought it 
could be done in a shorter fashion. Let me continue 
with other questions.

The Court: It is purely hearsay and I am com­
pelled to exclude it from consideration. I want you 
to have advantage of admissable evidence in the 
record.

Q. Tell us whether you did or not approach a number 
of Negro parents and explain to them about their rights 
under the desegregation plan! A. Yes, I did.

Q. Approximately how many of them did you talk to? 
A. Two or Three hundred I 'would say.

Q. Did you talk to them regardless whether they had 
first grade children, or did you find out which parents 
had the first grade children? A. First I found out what 
families had first grade children and then I talked to all 
parents who had children. They were all concerned.

Q. Of those you talked to approximately how many 
finally took action as far as enrolling their children in 
white schools to your knowledge? A. About 28 of the 
ones I talked to personally.

Q. What was— . A. Excuse me. See, they were all 
talked to from time to time at various meetings, but you 
mean the ones I have been in contact with or constantly,

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142

you understand, from time to time we talk to all of them 
at different times.

Q. When you talked to these people, what did you tell 
them? A. I told them that it was alright for them to 
send their children to schools; I didn’t think they would 
have any reason to have fears. It was their right to do 
so, to send their child to any school they choose.

Q. Did you try to help them with any problems they 
would have or any concerns they would have in sending 
their children to desegregated schools? A. Yes, I did.

Q. What did you tell them in that regard? A. I told 
them to enroll the children where ever they wanted them 
to and that we didn’t feel that they would suffer reprisals.

Q. You indicated that of the people you talked to ap­
proximately how many enrolled their children? A. About 
28 I believe.

Q. Have you been in contact with these people since 
their children were enrolled, in contact with the parents? 
A. Yes, I have.

Q. Would you tell us what the nature of that contact has 
been? A. Well, any problem they have at school. If 
there is anything they aren’t sure about they call me be­
cause it is a relatively new matter to them and naturally 
they didn’t understand all of it. There was money paid 
for P.T.A. and they received cards but they have not 
been invited to— .

Mr. Watkins: We object to what these people 
allegedly have told these people.

The Court: 1 am going to exclude it from con­
sideration.

Mr. Bell: What did she say?
Mr. Watkins: She said they had given money to

Transcript of Testimony—March 8, 9, 1965
Edita Marie Singleton—for Plaintiffs—Direct



143

the P.T.A. but had not been invited to attend the 
meetings.

Q. Have you seen any of the cards that were issued 
to the parents! A. I saw money, I saw the little brown 
envelopes that they gave the children to put the money 
in for the P.T.A. fee, because the parents brought to me 
to ask me. Here is how this came about: They were asked 
to bring this money in front of the school building. They 
were curious as to why should the money be received in 
front of the school building and that is how I happened 
to know that they had this money for this purpose, because 
it was in this little brown— . They sent them in the brown 
containers to put the amount of money they should have. 
These are sixth graders and they give them the little con­
tainers for the money that they wanted them to bring.

Q. Now, you said they gave money to the kids to take 
to school. Tell us whether or not you have had anything 
to do with taking these children to school, and if so what 
and also why. A. Since they intergraded only the first 
grade there was this problem of small children getting 
to and from school because some of them were too small 
to go alone even though they had older sisters and brothers, 
but then children in other grades could not attend. Of 
course, that proved to be expensive, but we have organized 
a car pool. We still use a few and I have transported 
children to three different schools and I still transport 
eight children to school.

Q. Do you do this every day! A. Every day.
Q. Have you been in contact with the parents that you 

have been working with within the recent date about their 
overall views and experiences! A. Yes, I have.

Q. What did you ask them to do? A. I asked them if

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144

they would give me some statements on how they felt 
and what effect the desegregating had had on them and 
their family.

Q. Did they do that? A. They did.
Q. Did they do that in your presence? A. Some of them 

they did and some did not.
Q. Did you review the statements that they prepared? 

A. Not in their presence. Some of them I did and some I 
didn’t.

Q. What did you do with the statements after they had 
written them up? A. I picked them up and brought them 
with me.

Q. Did the persons who signed the statements also write 
or type them? A. Some of them were written and some 
of them were typed, but they were all re-typed and they 
had to be taken back to them. I wanted their signatures 
on them after being typewritten.

Q. To your knowledge as a person who has been working 
with these individuals, are there any incidents or experi­
ences reflected in these statements to your knowledge that 
are not true?

Mr. Watkins: We object to that.
The Court: Sustain the objection.

Q. I asked you whether you have the statements we 
have been talking about with you? A. Yes, I do have the 
statements.

Mr. Bell: We would like to have these marked 
for exhibits for identification.

The Court: Let them be marked for identification.

(Whereupon the same were marked as Plain­
tiffs’ Exhibits No. 3 for identification.)

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Edna Marie Singleton—for Plaintiffs—Direct



145

Q. Have you read all of these statements, Mrs. Single- 
ton? A. Yes, I have.

Q. From your reading of these statements would you 
say that the parents are generally happy with their ex­
periences or unhappy?

Mr. Watkins: We object.
The Court: Sustain the objection.

Q. In view of what the court indicated as a probable 
ruling on this case was— . Let me first say that the purpose 
for offering these exhibits or this exhibit made up of 
these eight statements is that they reflect the experiences 
of these parents who sent their children to the first grade 
in white schools last fall and who the present witness 
has worked with and we submit that they are admissable 
for the same purpose and for the same reasons that the 
reports of Mr. Barker, the charts of Mr. Barker, and the 
report of Mr. Walker, which contained, as he indicated on 
cross examination, data which he had gotten from high 
school principals, teachers, etc., on the progress of de­
segregation. While there may be some problem as to this 
weight, we feel that they are admissable as a person who 
has been supervising the parents and who can testify as 
to the experiences that they had. For that purpose we 
move to have them admitted in evidence.

Mr. Watkins: We object to them. They are un­
sworn purported statements from other people not 
present for cross-examination and hearsay of the 
worst kind.

The Court: Sustain the objection.

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Edna Marie Singleton—for Plaintiffs—Direct



146

Mr. Bell: We would then just ask it be made under 
Buie 43-C, a part of the record.

The Court: Well, they are in there.

Q. Let me ask you whether you yourself in transporting 
these pupils back and forth to and from school have had 
any difficulty with this job? A. Well, a lot of friends 
called and things like that.

Q. What has been the nature of that? A. They would 
just tell you what ever school you were taking the children 
to they would ask you to— .

Q. Who is they? A. The callers on the telephone. They 
were white people and the things that they would do and 
the things that should be done to me, things of that sort.

Q. How about the opposite in taking the children to 
school, have you had any expressions of support of friendly 
expressions? A. There I have talked to some personally 
around the schools.

Q. As to what? A. Some people, the white people at 
the different schools when I would be waiting to pick the 
children up and there were several who would wish me 
luck and things like that. Most of them around the schools 
I have come in contact with were very friendly people.

Q. Have you started to check the Negro community as 
far as interest in sending children to the desegregated 
schools next year? A. Yes, I have.

Q. Are you getting indications of more willingness this 
year than you did last year?

Mr. Watkins: We object to what indications she 
is getting. It couldn’t be anything but hearsay.

Mr. B ell: The indications!

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Edna Marie Singleton—for Plaintiffs—Direct



147

Mr. Watkins: Certainly. How could she get an 
indication of future intention except from hearsay?

Mr. Bell: I am asking her not to tell what any­
body told her but as a result of going into the 
community and a person who is working on this.

The Court: She has testified that she has talked 
to white people at the schools who were sympathetic 
and wished her well. Now, that is competent.

Mr. Bell: My question, maybe I should ask it 
again. The question was whether not as a result 
of her going into the Negro Community to find out 
about interest for next school year. This is just a 
general expression of an opinion which she is com­
petent to make. I am asking what the opinion is 
as far as willingness.

The Court: Her opinion would be based upon 
what the statements were she got from other people?

Mr. Bell: As long as it is not the opinion of one 
individual person but the whole group, the public 
character of it, that is clearly admissable.

The Court: I can’t agree with you. It is still hear­
say. I sustain the objection. Now the conduct, like 
she has testified to that is a statement of fact.

Q. Have you taken any of the parents to the P.T.A. 
meetings in the evenings? A. No, I have not.

Q. Do you know any of the persons of your own experi­
ence who are now members of the P.T.A. ? A. Yes, I know 
of one.

Transcript of Testimony—March 8, 9, I960
Edna Marie Singleton—for Plaintiffs—Direct

Mr. Bell: No further questions.



148

Cross Examination by Mr. Watkins:

Q. Your children do not attend the public schools of 
the Jackson School System? A. No, they do not.

Q. They never have? A. No, they have not.
Q. Is the school to which you are sending them an in­

tegrated school? A. What do you mean by integrated?
Q. Is it attended by members of both races? A. No. 

They have a mixed faculty, if that means any portion 
of integration.

Q. But not the students? A. No. I don’t guess they 
would be.

Q. You think that is an integrated school? A. No, it 
is— .

Transcript of Testimony— March 8, 9, 1965
Edna Marie Singleton—for Plaintiffs—Cross

The Court: In other words, are they all colored?
The Witness: No, they are all colored, I would 

say.
Mr. Watkins: You are not sure?

A. I haven’t looked at all their records to what they stated 
they were, but as of now I would say they are colored.

The Court: What school do they go to?
The Witness: Holy Ghost.

Q. Has your work in connection with the visiting of 
parents instant to desegregation of the first grade of the 
Jackson Schools been for any particular organization or 
person? Have you been working for anybody? A. I don’t 
understand what you mean have I been working for any­
body.

Q. In going and talking to the two or three hundred 
parents you said you visited prior to the desegregation



149

of the first grade in the Jackson Schools, were you work­
ing for any organization or person in so doing? A. I was 
working in my own interest. I can’t exactly answer your 
question when you say working for anybody because no 
matter what any organization would recommend in a mat­
ter of this would be doing something for your personal 
self also.

Q. Were you being paid? A. Am I being paid?
Q. Yes. A. No, I am not being paid.
Q. Were you paid for any of that work in connection 

with solicitation of parents? A. No, I was not.
Q. In connection with the delivery of children to schools, 

did you receive any compensation? A. Sometimes the 
parents gave me something for gas.

Q. But you have received no compensation of any kind 
from anyone other than the parents? A. No.

Q. And you were not asked to do any of this by anyone? 
A. I think I explained about having difficulty in getting 
the children to school. It was a problem. These were 
first-graders. They had to be transported to and from 
school.

Q. My question was have you been requested to do any 
of this by any person? A. I will tell you like this: There 
were several parents who wanted their children to go to 
school but they had no way of getting them there so I 
volunteered my entire service. I would be available if 
that would help them with transportation to and from 
school.

Q. And your entire activity has resulted solely from 
your personal interest in the situation? A. Of course.

Q. And nothing else? A. Of course not.
Q. What business are you engaged in? A. I am a 

beautician.

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Edna Marie Singleton—for Plaintiffs—Cross



150

Q. Where is your shop? A. 173 Maple.
Q. And your customers are entirely colored, I believe? 

A. Well, I guess you would say they are entirely colored.
Q. They either all are or not. You have testified in this 

case earlier they are all— .

Mr. Bell: We object to that.
The Court: Sustain the objection.
Mr. Watkins: I thought it was competent. This 

witness has shown an interest in integrated schools 
but does not show interest in integrating her own 
business.

A. 1 would have to ask the person to see his birth cer­
tificate. They don’t all look colored. I would say they are 
some white if you are going to put it on that basis, because 
for me to determine the races of all of them I would have 
to see something stating that they are that and I wouldn’t 
be the person to say and to ask him “are you white or 
colored” .

Q. Have you taken any active part in the organization 
known as the Women’s Power Unlimited? A. Yes, I have 
attended those meetings, one or two.

Q. I didn’t understand you. A. Yes, I have.
Q. What part have you taken? A. I said I have at­

tended the meetings.
Q. And are you one of the leaders in that organization? 

A. No.
Q. You are not employed by it? A. I beg your pardon?
Q. You are not employed by it? They don’t pay you? 

Does that organization pay you? A. Oh yes, they have 
helped with the gas expense too.

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151

Q. Do you keep a record of how much that organization 
has paid you? A. No, I don’t keep a record of it.

Q. How often do they pay you? A. Once a week.
Q. How much? A. Well, I don’t think that is impor­

tant to this case here.

The Court: It goes to the credibility and the 
interest and the credibility of the witness, so I will 
overrule the objection.

Q. You had rather not state? A. I can tell you, they 
give me $10.00 a week. I transport eight children. I live 
on Maple street and I—

Q. I asked you before if you got any compensation and 
you said only the parents of the children paid you.

Air. Bell: We object to that. She didn’t testify 
to that. He asked whether or not she had been paid.

The Court: I so understood, but the record will 
show and unless you want it clarified definitely she 
stated in answer to a question and the record will 
show that she was not paid anything except by the 
parents. I sustain the objection because the record 
speaks for itself as to what she said. I feel quite 
sure I quoted the record. If I haven’t then I am 
wrong. It goes only, anyway, to the weight of her 
testimony and in weighing the testimony I take into 
consideration any variations in statements.

Q. I want to ask you again, have you been paid any 
compensation of any kind by any person or organization 
other than this $10.00 a week? A. Well, that organization 
does not always pay the $10.00 a week. The NAACP pays

Transcript of Testimony—March 8, 9, 1965
Edna Marie Singleton—for Plaintiffs—Cross



152

$10.00 a week when the funds are not sufficient in the 
Womens Power Unlimited, and when I said no I didn’t 
know you were referring to my driving. I thought you 
meant was I getting paid for working I was doing with the 
parents. At least that is what I understood you question 
to have reference to.

Q. How much does the NAACP pay you? A. $10.00 a 
week and I haven’t kept up with the weeks.

Q. Is that all they have paid you? A. Yes it is.
Q. Has any other organization paid you except the 

Womens’ Power Unlimited and NAACP? A. No.
Q. No individual or organization ? A. I don’t remember 

any.

Transcript of Testimony— March 8, 9, 1965
Edna Marie Singleton—for Plaintiffs—Cross

Mr. Watkins: That is all.
The Court: Any re-direct examination ?
Mr. Bell: No further questions.
The Court: You may stand aside.

(Whereupon the witness was excused.)

The Court: Very well, I am going to take a recess 
and an adjournment now.

Mr. Bell: I guess I will need a little time to review 
these statements and determine whether or not it is 
advisable to me to have some of the parties to give 
testimony themselves to this.

The Court: I have made my ruling and, of course, 
you can use your own judgment about whether you 
want to put any more proof on along those lines. I 
will say this, that I feel very confident, I may be 
wrong, but I feel confident it is purely hearsay. If 
you want to put any others on you can do so at



153

some future date. I understand Mr. Watkins can’t 
be here tomorrow.

Mr. Watkins: I had other arrangements hut I 
want to complete the Jackson case. I can be here in 
the morning if we can complete the Jackson case.

(Whereupon the court recessed until the following 
morning.)

Transcript of Testimony—March 8, 9, 1968
Colloquy

(Tuesday, March 9,1965 at 9 A.M. the hearing was 
resumed.)

The Court: Very well, Mr. Bell.
Mr. Bell: I have two matters Your Honor, first 

and perhaps the simplest is that while we have only 
a few witnesses and then would rest. There was 
one exhibit I was trying to prepare based on or called 
from the rather voluminous materials and answers 
of the Interrogatories filed by the Defendants, which 
sets forth a lot of data concerning the school sys­
tem, number of schools, number of pupils, etc. We 
were trying to prepare a summary of this data 
which we would offer as an Exhibit. What I would 
like to do is to have permission to file that Exhibit 
within the next few days, subject to the objections 
that the Defendants might make, and then rest 
with your ruling on that if you should accept it in 
evidence and it would be accepted and, if not, just 
marked as an Exhibit to our case for identification.

Mr. Watkins: We will have to object to that for 
two reasons. Primarily, that is a matter of argu­
ment. In other words, he is merely taking interroga-



154

tories and offering in evidence, and the answers, 
and correlating the information in the form of an 
argument to the court, which I don’t think proper 
as evidence. Second, we are anxious to bring this 
hearing to a complete close, to a final conclusion 
with all of us present, and it obviously can’t be done 
with the arrangements suggested by counsel at a 
future date subject to future objections when we 
have all disbursed. I submit the answers and the 
interrogatories are in evidence and the Court has 
the benefit of all that and we should try to bring 
this hearing to a complete close, if possible.

The Court: I think that if that is what it is that 
it would not be admissable in evidence, but you 
could file it at anytime you want to for the benefit 
of the Court. Or, if you desire to offer it I will let 
it be offered and I would sustain the objection to it 
as evidence and would he excluded from considera­
tion as evidence, but would consider it as a part of 
your argument somewhat like that accountant who 
gets up a report and audit. His audit is admissable 
for he is an expert, provided all the records from 
which the audit is made is there. That is admissable 
to be considered, but here with the interrogatories 
and the answers being in the record themselves and 
not lengthy or complicated, of course they are the 
controlling piece of evidence. What you are tender­
ing to the Court now, or in the next few days, would 
be simply a resume of what you contend that would 
show, as I understand it.

Mr. Bell: I offer to submit it on that basis then, 
Your Honor.

Transcript of Testimony—March 8, 9, 1965
Colloquy



155

The second matter has to do with witnesses we 
found necessary to bring to court as a results of the 
Court’s ruling yesterday on Plaintiffs exhibit for 
identification No. 3, and we do have in court this 
morning parents of children who have been assigned 
to desegregated schools, in addition to other per­
sons whose testimony would be relevant on issues. 
However, it has been our hope and this is the rea­
son why we had offered the statements, not to re­
quire these persons to give their testimony in open 
Court. We find it is necessary that their testimony 
be placed in the record, however, and we want to 
do that in a way that will preserve them as far as 
possible from harassment or inconveniences from 
those in the community who are opposed to the 
actions that they have taken. For that reason we 
will request that their testimony be taken in the 
Court’s chambers with only the parties and the at­
torneys present. I had earlier thought that I could 
add that counsels for the Defendants were agree­
able to procedure, but it is now my understanding 
that they will object to that procedure for reasons.

Mr. Watkins: We do object to it for these reasons: 
The implication that any of these people would be 
subject to harassment or any kind of punishment 
because of actions they have taken is wholly un­
founded and there is nothing in the record to indi­
cate it. As far as concealing the identity of them, 
this couldn’t possibly accomplish that, because coun­
sel has already insisted on making a part of the 
record the unsworn statements filed by these very 
people, which are public records in this Court.

Transcript of Testimony— March 8, 9, 1965
Colloquy



156

The Court: I will sustain the objection without 
further argument on that because I think there is 
one more far reaching than that. While I agree with 
you that I don’t think there is any indication that 
there would be harassment or punishment on the 
part of the school authorities whatsoever, because 
I am so thoroughly impressed with the honesty of 
these folks trying to run the schools that I don’t 
believe that they would have any reaction whatso­
ever; but the reason I sustain the objection is that, 
of course, in all cases except where some statute 
authorizes a private hearing, then the hearing must 
be made in public, and since the objection is made I 
will have to sustain the objection for that reason.

Mr. Bell: I would like to first have just a few 
minutes to talk to these persons.

The Court: Very well.

(Whereupon the Court took a short recess.)

The Court: I might say if I hear of any reprisals 
administered to them because of this I will certainly 
give a different view from what I presently have. 
But I don’t believe it will happen.

Mr. Bell: We appreciate that. I think as to two 
witnesses who are parents of children going to de­
segregated schools I would just make a proffer, in 
view of your ruling on our Motion, just make a 
proffer of what these persons would testify had they 
been permitted to testify under the conditions that 
we had requested and that is that each of these 
parents have first grade children who have been 
enrolled in what were heretofore all white schools; 
that as to the first of these parents she has been

Transcript of Testimony—March 8, 9, 1965
Colloquy



157

very satisfied with the progress that her child has 
made, has visited with the teacher and is convinced 
that the teacher is concerned about the child and 
that the child is making a good adjustment. This 
parent has other children, older children, and be­
cause of what she feels is the greater progress that 
the child enrolled in the white school has been mak­
ing, she is anxious to send the other child to a de­
segregated school as soon as the opportunity pre­
sents itself.

As to this first parent on the day after she enrolled 
the child in school she lost her job, which she held 
perhaps 8 months before that time, but has been 
able to find another job. She has received help from 
persons in the community and — .

Mr. Watkins: If it please the court I hate to 
interrupt, but we have to object to this. This is 
obviously a statement that cannot constitute evi­
dence, but counsel is standing here talking to Your 
Honor and to the people in this courtroom, which 
includes the press, and this is unfair to this school 
district and this kind of statement going out as a 
public statement without any actual proof of the 
allegations made. We think it is unfair to the De­
fendants and we don’t think it should be made.

The Court: Yes, I believe I will sustain that ob­
jection.

Mr. Bell: They can’t object to my proffer of what 
I would prove had they not objected.

The Court: I think they can object to the proffer 
because you do have the opportunity to introduce 
the witnesses and let them testify and subject them­
selves to cross examination.

Transcript of Testimony—March 8, 9, 1966
Colloquy



158

Mr. Bell: You have already excluded this. Under 
43-C I think I have a absolute right to make my 
record.

The Court: I don’t think so. Now you have got 
an adverse ruling and if I am in error the Court of 
Appeals can correct it, because I am stopping you 
from stating what these witnesses would testify to, 
since they are present in the Court and could testify 
if they wanted to and there has been no showing of 
any threats or reprisals of any kind made to them, 
that is, by any body who has testified under oath. 
So, I think it is just an unfair statement charging 
the School Board— .

Mr. Bell: I haven’t charged the School Board 
with a thing.

The Court: That is an inference. You have made 
your point and it is in the record and I am stopping 
you from going any further with what they would 
testify or anything.

Mr. Bell: At this point I would make a Motion 
that the proffer be made in the Court’s chambers. 
Do we have an objection to that?

Mr. Watkins: 43-C does not contemplate this type 
of procedure. The witnesses are in the courtroom, 
we have not objected to their taking the stand, the 
Court has not sustained objection to their testimony 
and he merely wants to state into this record appar­
ently for the benefit of the Court and Appeal Court 
these statements which are still prejudicial to this 
Defendant going into the Record in any form in 
that shape.

The Court: Yes, sustain the objection to that be­
cause the Courts are public and it would be improper

Transcript o f Testimony— March 8, 9, 1965
Colloquy



159

in this type of case to even go in chambers because 
it can’t have any weight and you have got an adverse 
ruling to you now that you can take advantage of 
just as much as if you stated fully what you pro­
posed to show by it. So I think it is improper to 
state it in the record, so that will preserve your 
point.

Mr. Bell: Alright, Your Honor. We will then call 
as a witness for the Plaintiffs the Rev. Whitney. He 
has not been sworn.

Mr. Watkins: The Defendant would like to envoke 
the rule at this point. We would like to envoke the 
rule on these witnesses counsel is calling this morn­
ing.

Mr. Bell: We will call no other witnesses. Rev. S.

Transcript of Testimony—March 8, 9, 1965
Reverend S. Leon Wlvitney—for Plaintiffs—Direct

Reverend S. L eon W hitney, called as a witness, having 
first been duly sworn, testified as follows:

Direct Examination by Mr. B ell:

Q. State your full name. A. S. Leon Whitney.
Q. And your residence? A. 891 Crawford Street.
Q. What City is that located in? A. Jackson.
Q. What is your race? A. Negro.
Q. What line of work are you in? A. Minister.
Q. Minister of a Church? A. Farrish Street Baptist 

Church.
Q. Where is that? A. 619 North Farrish Street.
Q. Is that in Jackson? A. Jackson.
Q. How long have you been a Minister of that Church? 

A. Seven years.



160

Q. Tell us the approximate size of the congregation? A. 
About six hundred.

Q. I will ask you whether you ever addressed your con­
gregation about school desegregation? A. We have.

Q. What is the nature of the statements that you have 
made to your congregation? A. The schools were open, 
people who have children to enroll them.

Q. Have you made those statements frequently, infre­
quently or what? A. Frequently.

Q. Have you recently made such a statement to your 
congregation? A. Yes I have.

Q. Tell us in some detail what the substance of the state­
ment was and when it was made. A. There was a possi­
bility that we would have more grades desegregated this 
year and that the kids would probably get a better educa­
tion if they were enrolled in desegregated schools.

Q. When was that statement made? A. Sunday.
Q. Was there any additional statement made concerning 

this situation? A. Yes. We have a committee that works 
with young persons who are now in the desegregated 
schools, sort of a transportation committee, and it is sort 
of a taxi pool to get the kids to and from school. We 
usually send funds to the committee to maintain this trans­
portation. We ask on Sunday for an after-collection for 
the young people. It was about $100.00 raised in this cate­
gory. This is about as far as we went on Sunday.

Q. You said you had an after-collection to raise funds 
for the transportation. What is an after-collection? A. 
An after-collection comes after all other collections in the 
Baptist Church have been taken. Usually something will 
come up that you don’t usually have really on the agenda 
for Sunday services.

Transcript of Testimony—March 8, 9, 1965
Reverend S. Leon Whitney—for Plaintiffs—Direct



161

Q. Tell us how much you generally take in on these 
after-collections? A. Most after-collections will run $35.00 
to $40.00 or $50.00.

Q. How much did you collect on this after-collection for 
this school tranportaion fund? A. About $100.00 on Sun­
day.

Q. What was the significance of that amount?

Mr. Watkins: We object as to a conclusion of the 
witness, what the significance was.

The Court: Sustain the objection.

Q. Did you say in this statement you had indicated 
something about what the rights of the parents would be 
in the future years? A. Yes. Actually if you had kids 
going together—this is just the expression we made on 
Sunday—that we will never understand each other until we 
get together. Once we are together and discuss our mutual 
problems we will all advance without too much difficulty 
and without too much adjustments from either side. I 
understand as it were you have had quite a bit of adjust­
ment as it relates to what the kids are doing now. So this 
is usually the context of our discourse.

Q. Let me ask you whether or not you provided those 
who were interested with an opportunity on this Sunday 
to express their interest in some fashion or other and 
what that fashion wras? A. Yes, usually in a situation 
of this nature you sort of ask if you really want to 
transfer your kids will you come by the office and sign 
a statement. Of course, we only had two persons to come 
by on Sunday who really want to transfer their kids. You 
have in many instances those who want to let those where 
they are and those— .

Transcript of Testimony—March 8, 9, 1965
Reverend S. Leon Whitney—for Plaintiffs—Direct



162

Mr. Watkins: We object to what the members of 
the congregation said to him. That is hearsay.

The Court: Sustain the objection and exclude it 
from consideration.

Q. You indicated you did give an opportunity on Sunday. 
Were there a lot of people in the Church and do you 
remember approximately how many? A. Well, of course, 
our Church was packed and it holds about six hundred.

Q. Of this number how many signed the Petition of 
interest? A. Two persons.

Mr. Bell: No further questions.
The Court: Cross examination?
Mr. Watkins: No questions.
The Court: You may stand aside.

(Whereupon the witness was excused.)

Mr. Bell: Plaintiffs have no further testimony, 
Your Honor, we had provided counsel for Defen­
dants and Intervenors with a brief and I think I 
handed up the original copy to the Clerk for passing 
on to you. That we feel summarizes the applicable 
law that would be used by the Court in making 
decision in all three of these cases; therefore, the 
brief is applicable to all three of the cases. We, of 
course, would be prepared to provide any future 
citations that the Court might request in addition 
a summary of our position in our oral argument.

Mr. Watkins: We know the Court is familiar with 
the law on the subject, including the most recent 
decisions. We submitted a brief at Hattiesburg 
hearing. We are willing to submit the matter, as

Transcript of Testimony—March 8, 9, 1965
Reverend 8. Leon Whitney—for Plaintiffs—Direct



163

far as the Defendants are concerned, on the record 
as it now stands without further argument.

The Court: Very well, as you say, these questions 
have been argued many times before me and it has 
been thoroughly briefed and I keep up with the 
law as it comes out from time to time from the 
Circuit and from the Supreme Court of the United 
States and am familiar with outside of the Circuit. 
So I think that oral argument now would not be 
of any help to the Court. So I will let the case be 
submitted on briefs.

(Whereupon the hearing was adjourned.)

Court Reporter’s Certificate

I, D. B. Jordan, official Court Reporter for the United 
States District Court for the Southern District of Mis­
sissippi, do certify that the foregoing pages constitute 
a true and correct transcript of the testimony and pro­
cedures had in this cause before the Honorable S. C. Mize, 
United States District Judge for the Southern District of 
Mississippi, on the 8th day of March, 1965, in Jackson, 
Mississippi, in the Jackson Division of the Southern Dis­
trict of Mississppi.

This the ..... day of April, 1965.

/ s /  D. B. Jordan

D. B. Jordan, Court Reporter

Transcript of Testimony—March 8, 9, 1965
Reverend S. Leon Whitney—for Plaintiffs—Direct



164

INTERROGATORIES 

[caption and attorneys omitted]

Plaintiffs request that the defendants, Jackson Munici­
pal Separate School District, Kirby P. Walker, Super­
intendent of Jackson City Schools; Lester Alvis, Chairman, 
C. H. King, Vice-Chairman, Lamar Noble, Secretary, 
W. G. Mize and John Underwood, Members (or their suc­
cessors), answer under oath in accordance with Rule 33 of 
the Federal Rules of Civil Procedure, the following inter­
rogatories :

1. List the following information concerning the Jack- 
son Municipal Separate School District:

a. Total pupil enrollment of both Negroes and whites 
as of the latest date for which figures are available, 
and estimates of such pupil enrollment for the 1965-66 
school year;

b. Number of pupils (Negro and white) in each grade;

c. A  map of the School District upon which is desig­
nated the location of each school in the District.

2. List for each public school in the Jackson system:

a. Grades served by each school;

b. Number of Negro pupils in attendance as of the be­
ginning of the 1964-65 school year, and as of the 
latest date for which figures are available;

c. Number of white pupils in attendance as of the be­
ginning of the 1964-65 school year, and as of the 
latest date for which figures are available;

Plaintiffs’ Exhibit No. 1



165

d. Number of personnel assigned as teachers during 
the 1964-65 school year. (Unless otherwise indicated, 
it will be assumed such personnel are of the same 
race as that for which the school was formerly desig­
nated) ;

e. Average class size for each school during the 1964-65 
school year (most recent available figures);

f. The planned pupil capacity of each school and the 
number of pupils per class average on which the 
planned pupil capacity figure is based;

g. The number of regular classrooms available at each 
school;

h. The number of teaching stations currently in use at 
each school, i.e., lunchrooms, libraries, auditoriums, 
corridors, etc. utilized as classrooms although in­
tended for other purposes;

i. The pupil-teacher ratio at each school;

j. Indicate whether each school has:

(1) library (approximate number of books)

(2) gymnasium

(3) auditorium

k. As to schools offering grades seven through twelve, 
list the courses offered in each school during the 
1964-65 school year and the textbooks assigned for 
use in each course.

l. Anticipated or projected enrollment of Negro and 
white pupils at each school for the 1965-66 school 
year.

Plaintiffs’ Exhibit No. 1



166

3. List the following information concerning Negro first 
graders enrolled in previously white schools for the 1964-65 
school year:

a. Name and address of each child enrolled;

b. School in which each child was enrolled in September 
1964-65;

c. School in which each child is now enrolled indicating 
reason for change if such school is different than that 
listed in (b) above.

4. Using latest available figures, indicate in detail the 
basis by which the school district receives funds from 
federal, state and local sources, and state the differential 
in the per capita expenditure for the following:

a. Negro and white pupils in all grades ;

b. Negro and white pupils in grades one through six;

c. Negro and white pupils in grades seven through 
twelve.

5. Using latest available figures indicate the basis for 
determining salaries of Negro and white teachers from 
state and local funds, showing what disparity, if any, now 
exists in salaries paid Negro and white teachers with 
similar qualifications.

6. State by race the number of new teachers hired dur­
ing each of the past five school years and the total number 
of teachers employed during each such year, (if possible, 
distinguish between replacement teachers and new teach­
ers), and indicate the difference in qualifications required 
by the Board for Negro and white teachers.

Plaintiffs’ Exhibit No. 1



167

7. What construction of new schools or enlarging of 
present schools has been begun or approved during the
1964- 65 school year, indicating as to each such school:

a. The name (if assigned) and location and grades to 
be taught;

b. The date when the facility will be available;

c. The number of classrooms;

d. The cost of such facility indicating (with best avail­
able figures or estimates)

(1) land acquisition costs

(2) construction costs

(3) furnishing costs.

8. What changes in the desegregation plan filed by the 
defendant Board on July 15, 1964, are planned for the
1965- 66 school year?

Please take notice that a copy of such answers must be 
served upon the undersigned within thirty (30) days after 
service.

Dated: January 21, 1965.

[Signatures and Certificate Omitted]

Plaintiffs’ Exhibit No. 1



168

ANSWER TO INTERROGATORIES 

[caption omitted]

Come now the defendants, Jackson Municipal Separate 
School District, acting by and through Lester A lvis; Kirby 
P. Walker, Superintendent of Schools, Jackson Municipal 
Separate School District; Lester Alvis, Chairman, Board 
of Trustees of the Jackson Municipal Separate School Dis­
trict; C. H. King, Vice Chairman, Board of Trustees of the 
Jackson Municipal Separate School District; Lamar Noble, 
Secretary, Board of Trustees of the Jackson Municipal 
Separate School District; and W. G. Mize and J. W. Under­
wood, Members, Board of Trustees of the Jackson Munici­
pal Separate School District, and file these their answers 
to the interrogatories propounded by plaintiffs, said inter­
rogatories being dated January 21, 1965, and having been 
received on January 23, 1965.

A nswer to I nterrogatory No. 1:

Answer to Subsection 1-a:

Total number of pupils, fourth month, session 1964-65:

White pupils 20,471
Negro pupils 15,611

Estimated pupil enrollment, first month, session 1965-66:

White pupils 20,533
Negro pupils 16,048

Plaintiffs’ Exhibit No. 2



169

Plaintiffs’ Exhibit No. 2 

Answer to Subsection 1-b:

Number of pupils by grades, fourth month, session 
1964-65:

Grade White Negro

1 1935 1756

2 2016 1745

3 1978 1707

4 1775 1484

5 1804 1453

6 1725 1337

7 1721 1315

8 1735 1303

9 1523 1037

10 1421 1028

11 1421 826

12 1417 620



170

Plaintiffs’ Exhibit No. 2

Answer to Subsection 1-c:

There is attached on the opposite page a map of the 
School District, upon which is designated the location of 
each school in the District.

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ANSWER TO INTERROGATORY l-C

LOCATION OF SCHOOLS IN THE 
JACKSON MUNICIPAL SEPARATE 
SCHOOL DISTRICT



171



172

A nswer to Interrogatory No. 2:

Answer to Subsection 2-a:

Grades served by each school:

Plaintiffs’ Exhibit No. 2

School Grades Served

Central.................. .....................  10-12
Murrah ................ ......... ..........  10-12
Provine ................. .....................  10-12
Brinkley ............... ..................... 7-12
H ill ......................... ..................... 7-12
Lanier ................... .......................  7-12
Bailey ................... .......................  7-9
Chastain ............... .......................  7-9
E nochs................... .......................  7-9
Hardy ................... .......................  7-9
Peeples ................. .......................  7-9
Rowan ................... .......................  7-9
Whitten ......................................  7-9
Baker ..................... ..................... 1-6
Barr ....................... .....................  1-6
Boyd .................... .....................  1-6
Bradley ................. ..................... 1-6
Brown ................... ..................... 1-6
Casey ..................... ..................... 1-6
Claused ................. ..................... 1-6
Davis ..................... ..................... 1-6
Duling ................... ....................  1-6
French ................... ..................... 1-6
Galloway ............... ....................  1-6
George ................... ..................... 1-6
Green ..................... ..................... 1-6
Isable ..................... ........ ............  1-6



173

School Grades Served

Johnson......................................  1-6
Jones ..........................................  1-6
Key ............................................  1-6
Lake ............................................  1-6
Lee ..............................................  1-6
Lester ........................................  1-6
Marshall ....................................  1-6
Martin ........................................  1-6
McLeod ......................................  1-6
McWillie ...................................  1-6
Morrison ....................................  1-6
Poindexter ................................  1-6
Pow er..........................................  1-6
Raines ........................................  1-6
Reynolds ....................................  1-6
Robertson ..................................  1-6
Smith .................................. .......  1-6
Spann..........................................  1-6
Sykes ..........................................  1-6
W alton........................................  1-6
W atkins........ .............................. 1-6
Whitfield ....................................  1-6
Wilkins ......................................  1-6
Young ........................................  1-5

Plaintiffs’ Exhibit No. 2



174

Answer to Subsection 2-b and Subsection 2-c:

Pupil enrollments, first and fourth months, session 
1964-65:

White Pupils Negro Pupils

Plaintiffs’ Exhibit No. 2

School 1st Month

Central........ ...... 1036
Murrah ...... ...... 1609
Provine ............. 1703
Brinkley ....
Hill ..............
Lanier .........
Bailey ............... 1033
Chastain ........... 1018
E nochs............... 481
Hardy ........ ....... 1038
Peeples ............. 765
Rowan .........
Whitten ...... ...... 647
Baker ................. 405
Barr ............ ...... 210
Boyd ................. 452
Bradley ............. 418
Brown .........
Casey ................. 414
Clausell .......
Davis .......... ...... 190
Duling ............... 331
French ........ ...... 495
Galloway .... ......  293
George ............... 210
Green ................. 538
Isable ..........

4th Month 1st Month 4th Month

971
1602
1686

1940 1940
1750 1737
1684 1664

1038
1033
473

1023
761

828 818
651
386
199
452
404

808 827
405

403 407
209 9 8
345
501
293 9 9
219 4 4
540

994 1003



Plaintiffs’ Exhibit No. 2

White Pupils Negro Pupils
School 1st Month 4th Month 1st Month 4th Month

Johnson ........ 1103 1110
Jones ............ 1260 1287
K e y ................ ....  571 579
Lake .............. ....  563 572
Lee ................ ....  412 407
Lester............ ....  391 396
Marshall ...... .... 620 620
Martin .......... 358 367
McLeod ........ .... 564 586
McWillie ...... .... 588 596
Morrison ___ 550 566
Poindexter .......  227 253 3 3
Power .......... ....  368 362 1 1
Raines .......... ....  508 500
Reynolds ...... 986 1014
Robertson .... 628 634
Smith ............ 1009 1024
Spann ............ ....  529 519 1 1
Sykes ............ ....  582 573
W alton.......... 1060 1093
W atkins........ ....  442 431 8 8
Whitfield ...... ....  435 * 449
Wilkins ........ ....  424 437
Young .......... 111 112



Plaintiffs’ Exhibit No. 2

Answer to Subsection 2-d:

Number of teachers assigned to each school, session 
1964-65:

School Number of Teachert

Central............................................  51
Murrah ..........................................  67
Provine ..........................................  70
Brinkley ........................................  83
H ill ..................................................  74
Lanier ............................................  72
Bailey..............................................  47
Chastain ........................................  44
Enochs ............................................  28
Hardy ............................................  46
Peeples ..........................................  32
Rowan ............................................  34
Whitten ..........................................  29
Baker ..............................................  15
Barr ................................................  8
B oyd ................................................  16
Bradley ..........................................  13
Brown ............................................  26
Casey ..............................................  14
Claused ........................................... 12
Davis ..............................................  8
Duling ............................................  11
French ............................................  16
Galloway........................................  12
George ............................................  8
Green ..............................................  18
Isable ..............................................  32
Johnson ..........................................  37



177

Plaintiffs’ Exhibit No. 2

School Number of Teachers

Jones ..................... ..........................  39
K e y .......................... .......................... 18
L ak e........................ .......................  18
Lee .......................... .......................  14
Lester .................... .......................... 12
Marshall ................ ..........................  19
Martin .................... ..........................  12
McLeod .................. ..........................  17
McWillie ...........................................  18
Morrison ...........................................  17
Poindexter ............ .......................  10
P ow er...................... .......................  12
Raines .................... .......................  18
Reynolds ................ .......................  32
Robertson .............. .......................  20
Smith ...................... .......................  31
Spann ...................... .......................  18
Sykes ...................... .......................  19
W alton.................... ........................ 36
W atkins.................. ........................ 17
Whitfield ................ ........................ 15
Wilkins .................. ........................ 14
Young .................... ........................ 4



178

Answers to Subsection 2-e, Subsection 2-f, 
and Subsection 2-g:

Average class size for each school, fourth month, session 
1964-65; planned pupil capacity for each school (25 pupils 
per room for secondary schools and 30 pupils per room for 
elementary schools); and number of regular classrooms in

Plaintiffs’ Exhibit No. 2

each school:
Average Planned Number of

School
Class Pupil Regular
Size Capacity Classrooms

Central ........... ....... 26.4 1000 40
Murrah ........... ....... 30.7 1025 41
Provine........... ....... 30.7 1025 41
Brinkley ......... ....... 28.7 1225 49
Hill ................. ....... 30.5 1225 49
Lanier ............. .......  28.9 1225 49
Bailey ..................... 27.2 1000 40
Chastain ......... ....... 28.8 875 35
Enochs ................... 22.7 550 22
Hardy ............. ....... 27.5 1000 40
Peeples ........... ....... 29.7 650 26
Rowan ................... 33.2 750 30
Whitten .......... ......  26.5 625 25
Baker .............. ...... 27.6 570 19
B arr................. ....... 25.4 360 12
Boyd ................ ......  30.1 540 18
Bradley............ ......  31.1 390 13
Brown .............. ......  31.8 750 25
Casey................ ......  28.9 390 13
Clausell ............ ......  33.9 300 10
D avis................ ...... 27.1 360 12
D uling.............. ......  31.3 360 12
French ............ ......  25.2 540 18



179

Plaintiffs’ Exhibit No. 2

School

Average
Class
Size

Planned
Pupil

Capacity

Number of 
Regular 

Classrooms

Galloway ......... .....  27.5 510 17
George ............... .....  27.9 390 13
Green ............... .....  30.0 570 19
Isable ............... ..... 31.3 1080 36
Johnson ........... ..... 30.8 1140 38
Jones ................. .....  32.7 1170 39
Key ................... ..... 32.2 540 18
Lake ................. ..... 31.8 540 18
L e e ..................... .....  29.1 390 13
Lester ............... .....  33.0 540 18
Marshall ........... .....  32.6 600 20
Martin............... .....  30.6 360 12
M cLeod............. ..... 34.5 570 19
M cW illie........... .....  33.1 540 18
Morrison........... .....  33.2 540 18
Poindexter ....... .....  25.6 390 13
Power ............... .....  32.5 360 12
Haines............... .....  27.7 570 19
Reynolds........... .....  31.7 960 32
Robertson......... .....  31.7 630 21
Smith ............... .....  33.0 900 30
Spann ............... .....  28.9 540 18
Sykes ............... ..... 31.6 540 18
Walton ............. ..... 30.4 1080 36
Watkins ........... .....  25.7 600 20
Whitfield ......... .....  32.0 390 13
Wilkins ............. .....  32.2 360 12
Young ............... .....  28.0 120 4



180

Plaintiffs’ Exhibit No. 2 

Answer to Subsection 2-h:

Number of temporary teaching stations, session 1964-65
Temporary
Teaching

School Stations

Murrah............................................  16

Provine ..........................................  16

Brinkley ........................................  19

H ill ......................1...........................  10

Lanier ............................................  10

Bailey ...............................................  4

Rowan ...............................................  1

Brown ...............................................  1

Casey .................................................  1

Claus ell .............................................  2

Lee .....................................................  1

Smith ..............................................  1

Sykes .................................................  1

Whitfield ...........................................  1

Wilkins .............................................  2



181

Answer to Subsection 2-i:

Pupil-teacher ratio at each school:
Pupil-teacher

School Ratio

Central ........................................  19.2
Hurrah ........................................  23.6
Provine........................................  24.0
Brinkley......................................  23.4
Hill ...........................................  23.5
Lanier......................................... 23.1
Bailey ..........................................  22.0
Chastain ......................................  23.5
Enochs ........................................  17.2
H ard y ..........................................  22.2
Peeples ........................................  24.0
Rowan..........................................  24.0
Whitten ......................................  22.4
Baker ..........................................  25.8
Barr ............................................  25.4
Boyd ............................................  28.2
Bradley........................................  31.1
B row n..........................................  31.8
Casey ..........................................  28.9
Clausell ......................................  33.9
Davis ..........................................  27.1
Duling..........................................  31.3
French ........................................  31.3
Galloway ....................................  25.2
George ........................................  27.9
Green ..........................................  30.0
Isable ..........................................  31.3
Johnson ......................................  30.0

Plaintiffs’ Exhibit No. 2



182

Pupil-teacher
School Bati0

Jones ........ .................................. 32.7
Key ..............................................  32.2
Lake ............................................  31.8
L e e ................................................  29.1
Lester ..........................................  33.0
Marshall .......................  32.6
Martin ........................................  30.6
McLeod ......................................  34.5
M cW illie......................................  33.1
Morrison ....................................  33.2
Poindexter..................................  25.6
Power ..........................................  32.5
Raines..........................................  27.7
Reynolds ..................................... 31.7
Robertson ..................................  31.7
Smith ..........................................  33.0
Spann ..........................................  28.9
Sykes............................................  31.6
Walton ........................................  30.4
Watkins ......................................  25.7
Whitfield ....................................  29.9
W ilkins........................................  32.2
Young ..........................................  28.0

Plaintiffs’ Exhibit No. 2



183

Plaintiffs’ Exhibit No. 2

Answer to Subsection 2-j (1), (2), and (3) :

School
Libraries and 
No. of Books Gymnasium A uditorium

Central 10,169 X  X

Murrah 8,455 X  X

Provine 9,493 X  X

Brinkley 9,214 X  X

Hill 7,724 Combination gymnasium-auditorium1
Lanier 7,713 Combination gymnasium-auditorium1
Bailey 8,970 X  X

Chastain 4,527 X  X

Enochs 6,425 X  X

Hardy 7,543 X  X

Peeples 4,610 X  X

Rowan 3,378 X  X

Whitten 4,131 X  X

Baker 2,005 X

Barr 2,417 X

Boyd 3,358 X

Bradley 2,573 X

Brown 2,747 X

Casey 2,041 X

Claused 1,217 Combination lunchroom-auditorium
Davis 2,838 X

Duling 2,902 X

French 2,602 X

Galloway 3,083 X

George 2,324 X

Green 2,160 X

1 School construction under contract to build separate facilities.



Plaintiffs’ Exhibit No. 2

School
Libraries and 
No. of Boohs Gymnasium Auditorium

Isable 3,435 X

J ohnson 3,309 X

Jones 4,255 X

Key 3,402 X

Lake 3,346 X

Lee 2,250 X

Lester 3,638 X

Marshall 2,940 X

Martin 1,527 Combination lunchroom-auditorium
McLeod 1,980 X

Me Willie 3,455 X

Morrison 2,451 X

Poindexter 2,535 X

Power 2,985 X

Raines 2,050 X

Reynolds 3,782 Combination lunchroom-auditorium
Robertson 2,470 Combination lunchroom-auditorium
Smith 3,543 X

Spann 2,441 X

Sykes 3,335 X

Walton 3,303 X

Watkins 3,844 X

Whitfield 2,850 X

Wilkins 1,585 X

Young 384 X



185

Plaintiffs’ Exhibit No. 2

Answer to Subsection 2-k:

There is attached hereto Schedule showing all informa­
tion requested in this interrogatory.

A nswer to Interrogatory 2-k:

The following is a list of all schools of the District offer­
ing grades 7 through 12, showing the courses offered in 
each such school during the 1964-65 school year and the 
textbooks assigned for use in each course.

CENTRAL HIGH SCHOOL
Courses Offered During 1964-65 Year Textbooks Assigned

English II
Grammar English in Action 

Literature of Achievement 
The History of Our World 
Man and the Motor Car 
Plane Geometry 
Algebra I 
Higher Arithmetic 
Modern Biology
Cours Elementaire de Francais 
El Camino Real, Book I 
Latin for Americans, I 
20th Century Typewriting, Complete

Literature 
World History 
Driver Training 
Geometry 
Algebra I
Basic Mathematics II
Biology
French I
Spanish I
Latin I
Typing I

Homemaking I, II, III
Course

Experiences with Food
Clothing Construction and Wardrobe

Journalism I, II, III 
Choral Music I, II, III

Planning
Housing and Home Management 
Experiences in Journalism 
Singing Teen-Agers 
Music from Shore to Shore 
Choral Musicianship, Book IV 
Choral Musicianship, Book III 
Choral Musicianship, Book I



186

Plaintiffs’ Exhibit No. 2

CENTRAL HIGH SCHOOL, continued

Courses Offered During 1964-65 Year Textbooks Assigned

Instrumental Music 
Art I, II, III
Mechanical Drawing I, II, III 
General Industrial Arts I, II, III

String Orchestra I, II, III 
Physics 
Algebra II 
English III 

Grammar 
Literature 

American History

Guidance II 
Chemistry 
French II 
Spanish II 
Latin II 
Speech I 
Speech II 
English IV 

Grammar 
Literature 

Guidance III 
French III 
Spanish III 
Latin III 
Trigonometry 
Advanced Mathematics 
American Government 
Economics
American Democracy 
World Geography 
General Metals I, II

R.O.T.C. I, II, III

36 Titles
No Textbook Assigned 
Mechanical Drawing 
Advanced Woodworking and Furni­

ture
General Woodworking
Various Sheet Music 
Modern Physics 
Algebra II

English in Action 
Literature of America 
The Adventure of the American 

People
No Textbook Assigned 
Modern Chemistry 
Cours Moyen de Francais 
El Camino Real, Book II 
Latin for Americans, II
Speech: A High School Course
*

English in Action 
Literature of England 
No Textbook Assigned

*
Trigonometry
Advanced High School Mathematics 
American Government 
Economic Problems of Today 
Challenges to American Youth 
Geography and World Affairs 
Basic Electricity 
General Metals 
No Textbook Assigned

Offered with sufficient demand



187

Courses Offered During 1964-65 Year Textbooks Assigned

Plaintiffs’ Exhibit No. 2

CENTRAL HIGH SCHOOL, continued

Shorthand I

Shorthand II

Advanced General Science 
Bookkeeping I

Distributive Education I, II 
Office Machines 
Advanced General Business

Trade and Industrial Education 
Office Practice Occupations 
Secretarial Training

Physical Education

Gregg Shorthand Manual Simplified, 
1st Semester

Gregg Dictation Manual Simplified, 
2nd Semester

Gregg Transcription Simplified,
3rd S.

Gregg Speedbuilding Simplified,
4th S.

Modern Physical Science 
20th Century Bookkeeping & 

Accounting, First Year Course 
Retail Merchandising 
Clerical Office Practice 
Introduction to Business 
Business Arithmetic 
Personal Business Law 
Effective Business English 
No Textbook Assigned 
No Textbook Assigned 
Shorthand Transcription Studies, 

Simplified
Applied Secretarial Practice 
No Textbook Assigned



188

Plaintiffs’ Exhibit No. 2

MURRAH HIGH SCHOOL

Courses Offered During 1964-65 Year Textbooks Assigned

English II 
Grammar 
Literature 

World History 
Driver Training 
Geometry 
Algebra I 
Biology 
French I 
Spanish I 
Latin I 
Typing I

Homemaking I, II, III

Journalism I 
Journalism II

Journalism III 
Choral Music I, II, III 
Instrumental Music I, II, III

Art I, II, III
Mechanical Drawing I, II, III 
General Industrial Arts I, II, III 
String Orchestra I, II, III 
Physics 
Algebra II 
English III 

Grammar 
Literature 

American History

Guidance II 
Chemistry 
French II 
Spanish II 
Latin II 
Speech I

English in Action 
Literature of Achievement 
The History' o f Our World 
Alan and the Alotor Car 
Plane Geometry'
Algebra I 
Modern Biology
Cours Elementaire de Francais 
El Camino Real, Book I 
Latin for Americans, I 
20th Century Typewriting, Complete 

Course
Experiences with Foods 
Clothing Construction and Wardrobe 

Planning
Housing and Home Management 
Experiences in Journalism 
Experiences in Journalism 
Journalism Workbook 
Journalism Workbook 
Various Sheet Music 
18 Titles & Various Sheet Music 
Elementary Theory of Music 
No Textbook Assigned 
Mechanical Drawing 
No Textbook Assigned 
Various Sheet Music 
Alodern Physics 
Algebra II

English in Action 
Literature of America 
The Adventure of the American 

People
No Textbook Assigned 
Modern Chemistry 
Cours Mayen de Francais 
El Camino Real, Book II 
Latin for Americans, II 
Speaking and Listening



189

Plaintiffs’ Exhibit No. 2

MURRAH HIGH SCHOOL, continued

Courses Offered During 1964-65 Tear Textbooks Assigned

Speech II

English IV 
Grammar 
Literature 

Guidance III 
French III

Spanish III 
Latin III 
Trigonometry 
Advanced Mathematics 
American Government 
Economics
American Democracy 
World Geography 
Physical Education

Jones’ Manual for Group 
Leadership

The Stage and the School

English in Action 
Literature of England 
Xo Textbook Assigned 
Deuxieme Etape 
Lettres de Paris 
Spanish Review Grammar 
Third Latin Book 
Trigonometry
Advanced High School Mathematics 
American Government 
Economic Problems o f  Today 
Challenges to American Youth 
Geography and World Affairs 
No Textbook Assigned



190

Plaintiffs’ Exhibit No. 2

PROVINE HIGH SCHOOL

Courses Offered During 1964-65 Year Textbooks Assigned

English II 
Grammar 
Literature 

World History 
Driver Training 
Geometry 
Algebra I
Basic Mathematics II
Biology
French I
Spanish I
Latin I
Typing I

Homemaking I, II, III

Journalism I 
Journalism II

Journalism III

Choral Music I, II, III

Instrumental Music 
Art I, II, III
Mechanical Drawing I, II, III 
General Industrial Arts I, II, III 
String Orchestra I, II, III

English in Action 
Literature of Achievement 
The History of Our World 
Man and the Motor Car 
Plane Geometry 
Algebra I
Mathematics for the Consumer 
Modern Biology
Cours Elementaire de Francais 
El Camino Real, Book I 
Latin for Americans, I 
20th Century Typewriting, Complete 

Course
Experiences with Food 
Clothing Construction and Wardrobe 

Planning 
Dress
Living in Families 
Family Meals and Hospitality 
Food for Better Living 
How you Look and Dress 
Clothes for Girls 
Family Living 
Personal Adjustment 
Living and Learning with Children 
Homes wTith Character 
Experiences in Journalism 
Scholastic Journalism, Radio TV 

Writing (workbooks)
Scholastic Journalism, Radio TV 

Writing (workbooks)
Songfest
Choral Musicianship, Book 2 
A Singing Bee 
Sugar and Spice 
19 Titles
No Textbook Required 
Mechanical Drawing- 
No Textbook Required 
Various Sheet Music



191

Plaintiffs’ Exhibit No. 2

PROVINE HIGH SCHOOL, continued

Courses Offered During 1964-65 Year Textbooks Assigned

Physics 
Algebra II 
English III 

Grammar 
Literature 

American History

Guidance II 
Chemistry 
French II 
Spanish II 
Latin II 
Speech I and II

English IV 
Grammar 
Literature 

Guidance III 
French III 
Spanish III

Latin III, IV 
Trigonometry 
Advanced Mathematics 
American Government 
Economies

World Geography 
Business Law 
Physical Education

Modern Physics 
Algebra II

English in Action 
Literature of America 
The Adventure of the American 

People
No Textbook Required 
Modern Chemistry 
Cours Mayen de Francais 
El Camino Real, Book 2 
Latin for Americans, II 
Speech: A High School Course 
Your Speech and Mine

English in Action 
Literature of England
No Textbook Required
*-

Graded Spanish, Books 1-5 
Graded Spanish Readers, Books 6-10 
Lecturas Hispano-Americanas 
Third Latin Book 
Trigonometry
Advanced High School Mathematics 
American Government 
Economics for our Times 
Economic Problems for Today 
Geography and World Affairs 
Personal Business Law 
No Textbook Required

Offered with sufficient demand



192

Plaintiffs’ Exhibit No. 2

HILL HIGH SCHOOL

Courses Offered During 1964-65 Year Textbooks Assigned

English II 
Grammar 
Literature 

World History 
Driver Training 
Geometry 
Algebra I
Basie Mathematics I
Basic Mathematics II
Biology
French I
Spanish I
Latin I
Typing I

Homemaking I, II, III

Journalism I, II 
Journalism III 
Choral Music I, II, III 
Instrumental Music
Art I, II, III 
Mechanical Drawing I, II 
Mechanical Drawing III 
General Industrial Arts I, II, III

Physics 
Algebra II

English in Action 
Literature of Achievement 
The History of Our World 
Sportsmanlike Driving 
Plane Geometry 
Algebra I
Mathematics for Daily Needs 
Higher Arithmetic 
Modern Biology
Cours Elementaire de Francais
El Camino Real, Book I
*
20th Century Typewriting, Complete 

Course
Experiences with Foods 
Adventuring in Home Living, I 
Junior Homemaking 
Exploring Home and Family Living 
Adventuring in Home Living, II 
Clothing Construction and Wardrobe 

Planning 
Dress
Housing and Home Management 
Living in Families 
Experiences in Journalism

Various Sheet Music- 
76 Titles
No Textbooks Assigned 
Mechanical Drawing

General Metal
Advanced Woodworking and Furni­

ture Making 
General Woodworking 
Basic Electricity 
Modern Physics 
Algebra II

Offered with sufficient demand



193

Plaintiffs’ Exhibit No. 2

English III 
Grammar

Literature

American History

HILL HIGH SCHOOL, continued
Courses Offered During 1964-65 Year

Guidance II 
Chemistry 
French II 
Spanish II 
Latin II 
Speech I 
Speech II
Advanced General Science 
Boy’s Homemaking

English IV 
Grammar 
Literature

Guidance III 
French III 
Spanish III 
Latin III 
Trigonometry

Advanced Mathematics 
American Government 
Economics

Business Law 
Physical Education

Textbooks Assigned

English in Action, Course Three 
English in Action 
The United States in Literature 
Literature of America 
The Making of Modern America 
The Adventure of the American 

People
No Textbook Assigned 
Modern Chemistry 
Cours Moyen de Francais
El Camino Real, Book II«
Speech: A High School Course 
*
Modern Physical Science 
(Same titles as Homemaking I,

H , H I)

English in Action 
Literature of England 
England in Literature
No Textbook Assigned
*

»
*
Plane Trigonometry and Tables 
Trigonometry
Advanced High School Mathematics 
American Government 
Economies of Our Times 
Economic Problems of Today 
Personal Business Law 
No Textbook Assigned

Offered with sufficient demand



194

Plaintiffs’ 1

English 7 
Grammar

Literature

Spelling

English 8
Grammar

Literature

HILL JUNIOR

Courses Offered During 1964-65 Year

Spelling

English 9
Grammar 
Literature 

Geography 7 
United States History 
Civics
Mississippi History 
Science 7

Science 8

General Science

Biology 
Mathematics 7

Mathematics 8

Algebra I
General Mathematics 
Geometry 
French I 
Latin I

Exhibit No. 2

HIGH SCHOOL

Textbooks Assigned

Language for Daily Use 
Junior English in Action 
Reading Roundup 
Wide, Wide World 
My Word Book 
Spelling for Word Mastery

Language for Daily Use 
Junior English in Action 
Journeys Into America 
All Around America 
Reading Roundup 
My Word Book 
Word Study
Spelling for Word Mastery

English in Action 
Literature of America 
Beyond the Oceans 
This is America’s Story 
Building Citizenship 
Mississippi: A History 
Our Environment: Its Relation To 

Us
Our Environment: How We Adapt 

To It
Science for a Better World 
Everyday Problems in Science 
Modern Biology 
Growth in Arithmetic 
American Arithmetic 
Growth in Arithmetic 
American Arithmetic 
Algebra I
Mathematics for Daily Needs
Plane Geometry
Cours Elementaire de Francais

Offered with sufficient demand



195

Plaintiffs’ Exhibit No. 2

HILL JUNIOR HIGH SCHOOL, continued

Courses Offered During 1964-65 Year Textbooks Assigned

Spanish I
Homemaking 7, 8, 9

Choral Music 7, 8, 9 
Music for various instruments 
Industrial Arts 7 
Industrial Arts 8, 9

Physical Education 
Art 7, 8, 9

Food for Better Living 
How You Look and Dress 
Clothes for Girls 
Family Living 
Personal Adjustment 
Living and Learning with Children 
Homes with Character 
Sharing Family Living 
Everyday Living 
Experiences with Foods 
Adventuring in Home Living, I 
Junior Homemaking 
Exploring Home and Family Living 
Adventuring in Home Living, II 
Clothing Construction and Wardrobe 

Planning 
Dress
Housing and Home Management 
Living in Families 
No Textbook Assigned 
76 Titles 
General Crafts 
Industrial Arts Electricity 
Machine Woodworking 
No Textbook Assigned 
No Textbook Assigned

Offered with sufficient demand



196

Plaintiffs’ Exhibit No. 2

LANIER HIGH SCHOOL

English II 
Grammar

Literature 
World History 
Driver Training

Algebra I
Basic Mathematics II
Biology
French I
Spanish I
Latin I
Typing I

Homemaking I, II, III

Courses Offered During 1964-65 Year

Journalism I, II

Textbooks Assigned

English in Action, Course II 
English in Action 
Literature of Achievement 
The History of Our World 
Man and the Motor Car 
Sportsmanlike Driving 
Algebra I
Mathematics for the Consumer
Modern Biology
Cours Elementaire de Francais
El Camino Real, Book I
*
20th Century Typewriting, Complete 

Course
Food for Better Living 
Experiences with Foods 
Adventuring in Home Living, I 
Junior Homemaking 
Exploring Home and Family Living 
Adventuring in Home Living, II 
Clothing Construction & Wardrobe 

Planning 
Dress
Housing and Home Management
Learning About Children
Living for Young Moderns
Living in Families
Family Meals and Hospitality
How You Look and Dress
Clothes for Girls
Family Living
Personal Adjustment
Living and Learning With Children
Homes With Character
Sharing Family Living
Everyday Living
Experiences in Journalism

Offered with sufficient demand



197

Plaintiffs’ Exhibit No. 2

LANIER HIGH SCHOOL, continued

Courses Offered During 1964-65 Year Textbooks Assigned

Journalism III 
Choral Music I, II, III

Instrumental Music 
Art I, II, III 
Mechanical Drawing I, II 
Mechanical Drawing III 
General Industrial Arts I

General Industrial Arts II, III 
General Business 
Physics 
Algebra II 
English III 

Grammar 
Literature 

American History

Guidance II 
Chemistry 
French II 
Spanish II 
Latin II 
Speech I 
Typing I

Advanced General Science 
Boy’s Homemaking

Singing Juniors 
Singing Teen-Agers 
Music Makers
Elementary Theory of Music 
Music From Shore to Shore 
Choral Musicianship, Book IV 
74 Titles
No Textbook Assigned
Mechanical Drawing 
«
Applied Leathercraft 
General Crafts 
Industrial Arts Electricity 
Basic Electricity 
General Metals
Industrial Arts Woodworking 
*
Introduction to Business 
Modern Physics 
Algebra II

English in Action 
Literature of America 
The Adventure of the American 

People
The Making of Modem America
No Textbook Assigned 
Modern Chemistry 
Cours Moyen de Francais
El Camino Real, Book II 
*
Speech: A High School Course 
20th Century Typewriting, Complete 

Course
Modern Physical Science 
(Same textbooks as Homemaking 

I, II, III)

Offered with sufficient demand



198

Plaintiffs’ Exhibit No. 2

LANIER HIGH SCHOOL, continued

Courses Offered During 1964-65 Year Textbooks Assigned

English IV 
Grammar 
Literature 

Guidance III 
French III 
Spanish III 
Latin III 
Trigonometry 
Advanced Mathematics 
American Government 
Economics
American Democracy 
World Geography 
Business Law 
Building Trades I, II

Shorthand I, II 

Bookkeeping I, II 

Office Machines

Advanced General Business 
Trade and Industrial Education 
Automobile Mechanics I, II

English in Action 
Literature of England 
No Textbook Assigned

*

•

Trigonometry
Advanced High School Mathematics 
American Government 
Economic Problems of Today 
Challenges to American Youth 
Geography and World Affairs 
Personal Business Law 
Art of Bricklaying 
General Woodworking 
Small House Carpentry 
Gregg Shorthand Simplified, 1st 

Edition
20th Century Bookkeeping and 

Accounting 1st Year Course 
Gregg Transcription Simplified 
Applied Secretarial Practice 
Personal Business Law 
Business Principles 
No Textbook Assigned 
Automotive Essentials

Offered with sufficient demand



199

Plaintiffs’ Exhibit No. 2

LANIER JUNIOR HIGH SCHOOL

English 7 
Grammar

Literature

Spelling

English 8 
Grammar

Literature

Spelling

English 9 
Grammar 
Literature 

Geography 7

United States History 
Civics

Mississippi History 
Science 7

Science 8

General Science 
Biology 
Mathematics 7

Mathematics 8

Algebra I
General Mathematics 
Geometry 
French I 
Latin I

Courses Offered During 1964-65 Year Textbooks Assigned

Language for Daily Use 
Junior English in Action 
Reading Roundup 
Wide, Wide World 
My Word Book 
Spelling for Word Mastery

Language for Daily Use 
Junior English in Action 
Reading Roundup 
All Around America 
My Word Book 
Spelling for Word Mastery

English in Action 
Literature of America 
Beyond the Oceans 
Your Country and the World 
This is America’s Story 
Your Life As A Citizen 
Building Citizenship 
Mississippi: A History 
Our Environment: Its Relation To 

Us
Our Environment: How We Adapt 

To It
Everyday Problems in Science 
Modern Biology 
Growth in Arithmetic 
American Arithmetic 
Growth in Arithmetic 
American Arithmetic 
Algebra I
Mathematics for Daily Needs
Plane Geometry
Cours Elementaire de Francais

Offered with sufficient demand



200

LANIER JUNIOR HIGH SCHOOL, continued
Courses Offered During 1964-65 Year Textbooks Assigned

Plaintiffs’ Exhibit No. 2

Spanish I
Homemaking 7, 8, 9

•
Family Meals and Hospitality 
Food for Better Living 
How You Look and Dress 
Clothes for Girls 
Family Living 
Personal Adjustment 
Living and Learning with Children 
Homes with Character 
Sharing Family Living 
Everyday Living 
Experiences with Foods 
Adventuring in Home Living, I 
Junior Homemaking 
Exploring Home and Family Living 
Adventuring in Home Living, II 
Clothing Construction and Wardrobe 

Planning 
Dress

Choral Music 7, 8, 9

Housing and Home Management 
Learning About Children 
Living For Young Moderns 
Living in Families 
Singing Juniors 
Singing Teen-Agers 
Music Makers
Music From Shore to Shore

Music for various instruments 
Industrial Arts 7, 8, 9

Choral Musicianship, Book IV 
Elementary Theory of Music 
74 Titles
General Shop for Everyone 
Woods and Woodworking for 

Industrial Arts
Physical Education 
Art 7, 8, 9

No Textbook Assigned 
No Textbook Assigned

* Offered with sufficient demand



201

Plaintiffs’ Exhibit No. 2

BRINKLEY HIGH SCHOOL

Courses Offered During 1964-65 Tear Textbooks Assigned

English II 
Grammar 
Literature 

World History 
Driver Training 
Geometry 
Algebra I
Basic Mathematics II

Biology

French I 
Spanish I 
Latin I, II, III 
Typing I

Homemaking I, II, III

Journalism I, II, III 
Choral Music I, II, III 
Instrumental Music 
Instrumental Music 
Art I, II, III
Mechanical Drawing I, II, III 
General Industrial Arts, I, II, III

General Business 
Physics

English in Action 
Literature of Achievement 
The History of Our World 
No Textbook Assigned 
Plane Geometry’
Algebra I
Mathematics for Daily Needs 
Mathematics for the Consumer 
Everyday General Mathematics, 

Book I
Modern Biology 
Elements of Biology 
Biology & Human Affairs 
Cours Elementaire de Francais
El Camino Real, Book I 
*
20th Century Typewriting, Complete 

Course
Food for Better Living 
Adventuring in Home Living, I 
Exploring Home and Family Living 
Adventuring in Home Living, II 
Clothing Construction & Wardrobe 

Planning
Learning About Children 
Experiences in Journalism 
Various Sheet Music 
129 Titles
No Textbook Assigned 
No Textbook Assigned 
Mechanical Drawing 
General Metal
Advanced Woodworking & Furniture 

Making
General Woodworking 

Modern Physics

Offered with sufficient demand



202

Plaintiffs’ Exhibit No. 2

BRINKLEY HIGH SCHOOL, continued

Courses Offered During 1964-65 Year

Algebra II 
English III 

Grammar 
Literature 

American History

Guidance II 
Chemistry 
French II 
Spanish II 
Speech I, II
Advanced General Science 
Boy’s Homemaking

English IV 
Grammar 
Literature 

Guidance III 
French III 
Spanish III

Latin III 
Trigonometry 
Advanced Mathematics 
American Government 
Economics 
World Geography 
Physical Education

Algebra II

English in Action 
Literature of America 
The Adventure of the American 

People
No Textbook Assigned 
Modern Chemistry 
Cours Moyen de Francais 
El Espanol al Dia, Book II 
Speech: A High School Course 
Modern Physical Science 
(Same textbooks as Homemaking 

I, II, III)

English in Action 
Literature of England
No Textbook Assigned
*
Graded Spanish Readers, Books 1-5 
Graded Spanish Readers, Books 6-10
Spanish Review Grammar 
*
Trigonometry
Advanced High School Mathematics 
American Government 
Economic Problems of Today 
Geography and World Affairs 
No Textbook Assigned

Textbooks Assigned

Offered with sufficient demand



203

Plaintiffs’ Exhibit No. 2

BRINKLEY JUNIOR HIGH SCHOOL
Courses Offered During 1964-66 Tear

English 7
Grammar 
Literature 
Spelling 

English 8
Grammar 
Literature 
Spelling 

English 9 
Grammar 
Literature

Geography 7
United States History 8
Civics

Mississippi History 
Science 7

Science 8

General Science

Biology

Mathematics 7 
Mathematics 8 
Algebra I
General Mathematics

Geometry

Latin I 
French I 
Spanish I

Textbooks Assigned

Junior English in Action 
Wide, Wide World 
Spelling for Word Mastery

Junior English in Action 
All Around America 
Spelling for Word Mastery

English in Action 
Good Times Through Literature 
Literature of Adventure 
Beyond the Oceans 
This is America’s Story 
Your Life As A Citizen 
Building Citizenship 
Mississippi: A History 
Our Environment: Its Relation To 

Us
Our Environment: How We Adapt 

To It
Science For A Better World 
Everyday Problems in Science 
Elements of Biology 
Biology and Human Affairs 
Modern Biology 
American Arithmetic 
American Arithmetic 
Algebra I
Everyday General Mathematics 
Mathematics For Daily Needs 
Modern School Geometry 
Plane Geometry

Cours Elementaire de Francais 
#

Offered with sufficient demand



204

BRINKLEY JUNIOR HIGH SCHOOL, continued
Courses Offered During 1964-65 Year Textbooks Assigned

Plaintiffs’ Exhibit No. 2

Homemaking 7, 8, 9

Choral Music 7, 8, 9 
Music for various instruments 
Industrial Arts 7, 8, 9

Physical Education 7, 8, 9 
Art 7, 8, 9

Food For Better Living 
Adventuring in Home Living, I 
Exploring Home and Family Living 
Adventuring in Home Living, II 
Clothing Construction and Wardrobe 

Planning
Learning About Children 
No Textbook Required 
129 Titles 
General Shop 
Mechanical Drawing 
General Woodworking 
No Textbook Assigned 
No Textbook Assigned



205

Plaintiffs’ Exhibit No. 2

ROWAN JUNIOR HIGH SCHOOL

English 7 
Grammar

Literature

Spelling

English 8 
Grammar 
Literature 
Spelling

English 9 
Grammar

Literature

Geography 7
United States History 8
Civics
Mississippi History 
Science 7

Science 8

General Science 
Biology 
Mathematics 7

Mathematics 8

Algebra I
General Mathematics
Geometry
French I
Latin I
Spanish I

Courses Offered During 1964-65 Year Textbooks Assigned

Language for Daily Use 
Junior English in Action 
Reading Roundup 
Wide, Wide World 
My Word Book 
Spelling for Word Mastery

Junior English in Action 
All Around America 
My Word Book 
Spelling for Word Mastery

English in Action, Course One 
English in Action 
Good Times Through Literature 
Literature of Adventure 
Beyond the Oceans 
This is America’s Story 
Building Citizenship 
Mississippi: A History 
Our Environment: Its Relation To 

Us
Our Environment: How We Adapt 

To It
Everyday Problems in Science 
Modern Biology 
Growth in Arithmetic 
American Arithmetic 
Growth in Arithmetic 
American Arithmetic 
Algebra I
Mathematics for Daily Needs 
Plane Geometry
Cours Elementaire de Francais 
*
*

Offered with sufficient demand



206

ROWAN JUNIOR HIGH SCHOOL, continued

Courses Offered During 1964-65 Year Textbooks Assigned

Plaintiffs’ Exhibit No. 2

Homemaking 7, 8, 9 Experiences with Poods 
Adventuring in Home Living I 
Junior Homemaking 
Exploring Home and Family 
Adventuring in Home Living II 
Family Meals and Hospitality 
Clothes for Girls

Choral Music 7, 8, 9 Singing Juniors 
Singing Teen-Agers

Music fo r  various instruments 
7, 8, 9

Industrial Arts 7, 8, 9

125 Titles

Drawing and Planning for Industrial 
Arts

General Metal
Advanced Woodworking and Furni­

ture Making 
Machine Woodworking 
General Woodworking 
General Crafts

Physical Education 
Art 7, 8, 9

General Shop for Everyone 
No Textbook Assigned 
No Textbook Assigned



207

Plaintiffs’ Exhibit No. 2

BAILEY JUNIOR HIGH SCHOOL

English 7 
Grammar

Literature
Spelling

English 8 
Grammar 
Literature

Spelling

English 9 
Grammar 
Literature

Geography 7
United States History 8
Civics
Mississippi History 
Science 7

Science 8

General Science 
Biology 
Mathematics 7 
Mathematics 8

Algebra I
General Mathematics 
Geometry 
Latin I 
French I 
Spanish I
Homemaking 7, 8, 9

Courses Offered During 1964-65 Year Textbooks Assigned

Language for Daily Use 
Junior English in Action 
Reading Roundup 
My Word Book 
Spelling for Word Mastery

Junior English in Action 
Reading Roundup 
All Around America 
My Word Book 
Spelling for Word Mastery

English in Action 
Good Times Through Literature 
Literature of Adventure 
Beyond the Oceans 
This is America’s Story 
Building Citizenship 
Mississippi: A History 
Our Environment: Its Relation To 

Us
Our Environment: How We Adapt 

To It
Everyday Problems in Science 
Modern Biology 
American Arithmetic 
Growth in Arithmetic 
American Arithmetic 
Algebra I
Mathematics for Daily Needs
Plane Geometry
Latin for Americans, I
Cours Elementaire de Francais
«-
Adventuring in Home Living, 1 
Junior Homemaking 
Exploring Home and Family Living 
Adventuring in Home Living, II 
Food for Better Living 
How You Look and Dress 
Sharing Family Living

Offered with sufficient demand



208

Plaintiffs Exhibit No. 2

BAILEY JUNIOR HIGH SCHOOL, continued
Courses Offered During 1964-65 Year

Choral Music 7, 8, 9

Music for various instruments 
Industrial Arts 7, 8, 9

Physical Education 7, 8, 9 
Art 7, 8, 9

Textbooks Assigned

Singing Juniors
Music From Shore to Shore
Various Sheet Music
73 Titles
General Shop
Drawing and Planning for Industrial 

Arts
No textbook assigned 
No textbook assigned



209

Plaintiffs’ Exhibit No. 2

CHASTAIN JUNIOR HIGH SCHOOL
Courses Offered During 1964-65 Year Textbooks Assigned

English 7
Grammar Junior English in Action
Literature Reading Roundup 

Wide, Wide World
Spelling 

English 8

My Word Book
Spelling for Word Mastery

Grammar Junior English in Action
Literature Reading Roundup 

All Around America
Spelling 

English 9

My Word Book 
Spelling for Word Mastery

Grammar English in Action
Literature Literature of Adventure
Spelling Spelling Goals for High School

Geography 7 Beyond the Oceans
United States History This is America’s Story
Civics Building Citizenship
Mississippi History Mississippi: A History
Science 7 Our Environment: Its Relation To 

Us
Science 8 Our Environment: How We Adapt 

To It
General Science Everyday Problems in Science
Biology Modern Biology
Mathematics 7 American Arithmetic
Mathematics 8 American Arithmetic
Algebra I Algebra I
General Mathematics Mathematics for Daily Needs
Geometry Plane Geometry
French I *
Latin I Latin for Americans, I
Spanish I IS

Homemaking 7, 8, 9 Food for Better Living 
Adventuring in Home Living, I 
Exploring Home and Family Living 
Adventuring in Home Living, II

Offered with sufficient demand



210

CHASTAIN JUNIOR HIGH SCHOOL, continued
Courses Offered During 1964-65 Year Textbooks Asisgned

Plaintiffs’ Exhibit No. 2

Choral Music 7, 8, 9

Music for various instruments 
Industrial Arts 7, 8, 9 
Physical Education 
Art 7, 8, 9

Singing Juniors 
Music Makers 
Songfest
Choral Musicianship, Book IV  
Choral Musicianship, Book III 
A Singing Bee 
Sugar and Spice 
Elementary Theory of Music 
74 Titles
No Textbooks Assigned 
No Textbooks Assigned 
No Textbooks Assigned



211

Plaintiffs’ Exhibit No. 2

ENOCHS JUNIOR HIGH SCHOOL

Courses Offered During 1964-65 Year

English 7 
Grammar 
Literature

Spelling 
English 8 

Grammar

Literature

Spelling 
English 9 

Grammar 
Literature

Geography 7

United States History 
Civics
Mississippi History 
Science 7

Science 8

General Science 
Biology 
Mathematics 7 
Mathematics 8 
Algebra I
General Mathematics
Geometry
Latin I
French I
Spanish I

Textbooks Assigned

Language for Daily Use 
Prose and Poetry Journeys 
Reading Roundup 
My Word Book

Language for Daily Use 
Junior English in Action 
Prose and Poetry Adventures 
Reading Roundup 
My Word Book

English in Action 
Good Times Through Literature 
Literature of Adventure 
Beyond the Oceans 
Your Country and the World 
This is America’s Story 
Building Citizenship 
Mississippi: A History 
Our Environment: Its Relation To 

Us
Our Environment: How We Adapt 

To It
Everyday Problems in Science 
Modern Biology 
Growth in Arithmetic 
Growth in Arithmetic 
Algebra I
Mathematics for Daily Needs

Offered with sufficient demand



212

ENOCHS JUNIOR HIGH SCHOOL, continued
Courses Offered During 1964-65 Tear Textbooks Assigned

Plaintiffs’ Exhibit No. 2

Homemaking 7, 8, 9

Choral Music 7, 8, 9 

Music for various instruments

Physical Education 7, 8, 9 
Art 7, 8, 9
Industrial Arts 7, 8, 9

Family Meals and Hospitality 
Food for Better Living 
How You Look and Dress 
Clothes for Girls 
Homes with Character 
Sharing Family Living 
Adventures in Home Living I 
Exploring Home and Family Living 
Adventuring in Home Living, II 
Singing Juniors 
Various Sheet Music 
Elementary Theory of Music 
70 Titles
Various Sheet Music 
No Textbook Assigned 
No Textbook Assigned 
No Textbook Assigned

i



HARDY JUNIOR HIGH SCHOOL 
Courses Offered During 1964-65 Year Textbooks Assigned

213

Plaintiffs’ Exhibit No. 2

English 7 
Grammar 
Literature 
Spelling 

English 8 
Grammar 
Literature

Spelling 
English 9 

Grammar 
Literature 

Geography 7 
United States History 8 
Civics
Mississippi History 
Science 7

Science 8

General Science 
Biology 
Mathematics 7 
Mathematics 8 
Algebra I
General Mathematics
Geometry
Latin I
French I
Spanish I
Homemaking 7, 8, 9

Choral Music 7, 8, 9

Music for various instruments 
Industrial Arts 7, 8, 9

Physical Education 7, 8, 9 
Art 7, 8, 9

Junior English in Action 
Reading Roundup 
Spelling for Word Mastery

Junior English in Action 
All Around America 
Reading Roundup 
Spelling for Word Mastery

English in Action 
Literature of Adventure 
Beyond the Oceans 
This is America’s Story 
Building Citizenship 
Mississippi: A History 
Our Environment: Its Relation To 

Us
Our Environment: How We Adapt 

To It
Everyday Problems in Science 
Modern Biology 
American Arithmetic 
American Arithmetic 
Algebra I
Mathematics for Daily Needs 
Plane Geometrya
Cours Elementaire de Francais 
*
Adventuring in Home Living, I 
Exploring Home and Family Living 
Adventuring in Home Living, II
Songfest
Choral Musicianship, Book IV 
Sugar and Spice 
Various Sheet Music 
73 Titles 
General Shop
Industrial Arts for the General Shop 
Applied Leathercraft 
Industrial Arts Woodworking 
General Shop for Everyone 
No Textbook Assigned 
No Textbook Assigned

Offered with sufficient demand



214

PEEPLES JUNIOR HIGH SCHOOL 

Courses Offered During 1964-65 Year Textbooks Assigned

Plaintiffs’ Exhibit No. 2

English 7
Grammar Language for Daily Use 

Junior English in Action
Literature Wide, Wide World 

Reading Roundup
Spelling 

English 8

My Word Book
Spelling for Word Mastery

Grammar Language for Daily Use 
Junior English in Action

Literature Reading Roundup 
All Around America

Spelling 
English 9

My Word Book

Grammar English in Action
Literature Good Times Through Literature 

Literature of Adventure
Geography 7 Beyond the Oceans
United States History This is America’s Story
Civics Building Citizenship
Mississippi History Mississippi: A History
Science 7 Our Environment: Its Relation To 

Us
Science 8 Our Environment: How We Adapt 

To It
General Science Everyday Problems in Science
Biology Modern Biology
Mathematics 7 Growth in Arithmetic 

American Arithmetic
Mathematics 8 Growth in Arithmetic 

American Arithmetic
Algebra I Algebra I
General Mathematics Mathematics for Daily Needs
Geometry Plane Geometry
French I *
Latin I Latin for Americans, I
Spanish I El Camino Real, Book I
Homemaking 7, 8, 9 Adventuring in Home Living, I 

Exploring Home and Family Living 
Adventuring in Home Living, II

* Offered with sufficient demand



215

Plaintiffs’ Exhibit No. 2

PEEPLES JUNIOR HIGH SCHOOL, continued

Courses Offered During 1964-65 Year Textbooks Assigned

Choral Music 7, 8, 9

Music for various instruments

Industrial Arts 7, 8, 9 
Art 7, 8, 9
Physical Education 7, 8, 9

Various Sheet Music 
Elementary Theory of Music 
Various Sheet Music 
75 titles
No textbook assigned 
No textbook assigned 
No textbook assigned



216

Plaintiffs’ Exhibit No. 2

WHITTEN JUNIOR HIGH SCHOOL

Courses Offered During 1964-65 Year Textbooks Asisgned

English 7
Grammar Junior English in Action
Literature Reading Roundup

Spelling
Wide, Wide World 
My Word Book

English 8
Grammar

Spelling for Word Mastery 

Junior English in Action
Literature Reading Roundup

Spelling
All Around America 
My Word Book

English 9
Grammar English in Action
Literature Literature of Adventure

Geography 7 Beyond the Oceans
United States History This is America’s Story
Civics Building Citizenship
Mississippi History Mississippi: A History
Science 7 Our Environment: Its Relation To

Science 8
Us

Our Environment: How We Adapt

General Science
To It

Everyday Problems in Science
Biology Modern Biology
Mathematics 7 Growth in Arithmetic

Mathematics 8
American Arithmetic 
Growth in Arithmetic

Algebra I
American Arithmetic 
Algebra I

General Mathematics Mathematics for Daily Needs
Geometry Plane Geometry
French I
Latin I
Spanish I
Homemaking 7, 8, 9 Food for Better Living

Adventuring in Home Living I 
Adventuring in Home Living II
Clothing Construction and Wardrobe 

Planning

Offered with sufficient demand



217

WHITTEN JUNIOR HIGH SCHOOL, continued

Courses Offered During 1964-65 Year Textbooks Asisgned

Plaintiffs’ Exhibit No. 2

Choral Music 7, 8, 9 Singing Juniors 
Singing Teen-Agers 
Music Makers
Music From Shore to Shore

Music for various instruments 
Industrial Arts 7, 8, 9

Songfest
Choral Musicianship, Book IV
A Singing Bee
Sugar and Spice
Choral Musicianship, Book I
Elementary Theory of Music
58 Titles
General Shop
Woods and Woodworking for 

Industrial Arts
Physical Education 
Art 7, 8, 9

No Textbook Assigned 
No Textbook Assigned



218

Plaintiffs’ Exhibit No. 2 

Answer to Subsection 2-1:

Listed below are the projected enrollments of pupils at 
each school for the 1965-66 school year.

School Projected Enrollment
Central ................................   1031
Murrah ......................................  1632
Provine ......................................  1643
Brinkley ....................................  1981
H ill ..............................................  1812
Lanier ........................................  1891
B ailey..........................................  1039
Chastain ..................................... 1043
Enochs........................................  476
H ardy..........................................  1046
Peeples ......................................  792
Rowan ........................................  861
Whitten ......................................  678
Baker ..........................................  399
Barr ............................................  186
Boyd ..........................................  427
Bradley ......................................  430
Brown ..........................................  840
Casey ..........................................  402
Claused ......................................  162
Davis ..........................................  197
Dawson ....................................... 533
Duling ........................................  328
French ........................................  496
GalloAvav ....................................  310
George ........................................  210
Green ..........................................  554



Plaintiffs’ Exhibit No. 2

School Projected Enrollment

Isable ..................... ....................  1030
Johnson ................. ....................  1075
Jones ..................... ....................  1275
Key ....................... ....................  564
Lake ....................... ....................  573
Lee ......................... ....................  407
Lester..................... ....................  362
Marshall ............... ....................  604
Martin ................... ..................... 373
McLeod ................. ....................  603
McWillie ............... ....................  610
Morrison ............... ....................  500
Poindexter ........... ....................  208
Pow er..................... ..................... 376
Raines ................... ..................... 556
Reynolds ............... ..................... 1040
Robertson ............. ..................... 638
Smith ..................... ..................... 828
Spann ..................... ..................... 533
Sykes ..................... ..................... 570
Walton ................. ..................... 1042
W atkins................. ..................... 438
Whitfield ............... ..................... 409
Wilkins ................. ....................  439
Young ................... ..................... 129



220

A nswer to Interrogatory No. 3:

Answer to Subsection 3-a:

Objection lias been filed to this interrogatory.

Answer to Subsection 3-b and Subsection 3-c:

Number of Negro pupils enrolled in first grades in pre­
viously white schools, first month and fourth month, session

Plaintiffs’ Exhibit No. 2

15:
First Fourth

School School Month School Month
Barr ...................... ............. 4 4
Davis .................... .............  9 8*
Gallowav ............................  9 9
George ................... ............. 4 4
Poindexter ........... ............. 3 3
Pow er..................... ............. 1 1
Spann ..................... ............. 1 1
Watkins ............... ............. 8 8

* Reason for withdrawal of one pupil unknown.

A nswer to I nterrogatory N o . 4 :

The Jackson Municipal Separate School District receives 
funds from Federal, State and Local sources on the follow­
ing bases:

Item, A. Ad Valorem Taxes

These taxes are levied upon all taxable real and per­
sonal property in the school district for (1) the support 
of the state minimum education program, and (2) to 
supplement teachers’ salaries, extend the school term, buy 
furniture, supplies, materials, and for all other lawful



221

operating and incidental expenses of the district, funds 
for which are not provided by minimum education pro­
gram fund allotments.

Item B. Poll Tax Assessments

These taxes are collected by the Tax Collector of Hinds 
County. These funds are distributed to the Hinds County 
School District and to the Jackson Municipal Separate 
School District on the percentage of educables each dis­
trict has of the total number of educables of Hinds 
County.

Item C. Sixteenth Section Rental Collections

These funds are distributed to the Rankin County 
School District, to the Hinds County School District, and 
to the Jackson Municipal Separate School District.

Enumeration of pupils in each system is made annually 
by the superintendents of these three districts, on a town­
ship basis. Rental income from the Sixteenth Section in 
each township is distributed to each district as the per­
centage of pupils each school district’s enrollment repre­
sents to the respective total township enrollments.

Item D. Miscellaneous Collections

These are small amounts derived from tuition collected 
from non-resident pupils, reimbursements of certain costs 
experienced by the school district when school facilities 
are used by others, receipts from sale of materials that 
cannot be salvaged for further school use, and earned 
interest received from use of surplus funds to purchase 
short-term federal notes.

Plaintiffs’ Exhibit No. 2



222

Item E. Minimum Education Program Funds

The state allots to this district that portion of the cost 
of the minimum program of education established for all 
school districts of the state that exceeds the required local 
contribution to the state minimum program as mentioned 
in Item A (1) and the amount realized from poll tax col­
lections, Item B.

Minimum education program costs for this district are 
computed on the following basis:

(1) The number of “teacher units” to be supported is 
determined by dividing the district’s previous year’s 
average daily attendance by 30, and allowing in addition 
one-half “ teacher unit” for each vocational education 
teacher who is to be employed whose salary is paid in 
part by federal funds, and one-half “ teacher unit” for 
each teacher employed for a special education class as 
defined by law.

(2) $150 per “ teacher unit” which funds are to be used 
in paying or supplementing superintendents’ and princi­
pals’ salaries.

(3) Cost of teachers’ salaries is determined by state 
law using the type of teaching certificate held by each 
teacher and the number of years experience of each, up 
through seven years, for the total number of “ teacher 
units” as defined in (1) above.

(4) An allotment of $270 per “ teacher unit” is to be 
used to purchase instructional supplies, maintenance and 
operation of school plant, janitor’s service and other 
items necessary for operating schools.

Plaintiffs’ Exhibit No. 2



223

(5) Allowance is made for transporting pupils based 
on a per pupil cost as determined by the State Depart­
ment of Education.

(6) Funds required to pay the employer’s part of the 
Public Employees Retirement System contribution and 
social security tax upon all teachers and other employees 
whose salaries are paid in part from minimum education 
program funds.

Item F. Vocational Education Funds

These funds represent a partial reimbursement of the 
cost of those programs that are approved by the State 
Department of Vocational Education for state support.

Item G. Homestead Exemption Reimbursement

This is a substitute resource for a portion of the local 
ad valorem tax that is not realized because homestead 
exemption is allowed when applied for but is limited to 
“up to 15 mills of the school district levy on $5000 of 
assessed valuation of a taxpayer’s home.” This state re­
imbursement returns approximately $4 of each $5 of local 
ad valorem tax lost on the claimed homestead exemptions 
in the district.

Item H. National Defense Education Act 
Reimbursements

These funds are received on application by the district 
on the following conditions:

(1) Title III reimbursements are allowed on a fifty
per cent basis for the purchase of approved items of
equipment and materials to improve instruction in the

Plaintiffs’ Exhibit No. 2



224

areas of mathematics, science, and modern foreign 
languages.

(2) Title V  reimbursements are allowed according 
to a limited plan administered by the State Depart­
ment of Education to aid in the district’s program of 
pupil testing, guidance, and counseling services.

Item, I. Adult Education Reimbursements

A small amount of funds is received in support of an 
educational program whereby adults may obtain a high 
school diploma. These funds are allotted on a formula 
devised by the State Department of Education that re­
lates to an hourly rate of pay for teachers in the adult 
education program and upon the number of pupils in 
their classes.

Plaintiffs’ Exhibit No. 2

Per Capita Expenditures 
1963-64

a. In all grades:
White

$278.95
Negro

$239.05

b. In grades one through six: $253.13 $217.79

c. In grades seven through twelve: $311.57 $272.60

A nswer to Interrogatory No. 5 :

The basis for determining salaries of negro and Avhite 
teachers is set forth in the statute requiring the Board of 
Trustees to take into consideration the type of teaching 
certificate held, and the character, professional training, 
experience, executive ability, and teaching capacity of the 
teacher.

No disparity exists between negro and white teachers 
with similar qualifications.



225

A nswer to I nterrogatory No. 6:

Number of new teachers employed during the past five 
school sessions:

Plaintiffs’ Exhibit No. 2

White Teachers Negro Teachers

New Teachers
Total 

No. of New Teachers
Total 

No. of
Replace New teachers Replace New teachers

Session ments Position employed ments Position employed
1960-61 76 59 658 28 17 406
1961-62 98 68 726 22 36 442
1962-63 99 30 756 23 39 481
1963-64 105 32 788 48 37 518
1964-65 132 2 790 37 40 558

There is no difference in qualifications required by the 
Board for Negro and white teachers.

A nswer to Interrogatory No. 7 :

Answer to Subsection 7-a, Subsection 7-b, Subsection 7-c, 
and Subsection 7-d (1), (2), and (3) :

New school construction or enlarging of present schools, 
begun or approved during the 1964-65 school year:

S. M. Brinkley Senior High School (New)
Albemarle Road 
Grades 10-11-12
To be occupied September, 1966
40 classrooms
Cost:

Land (cost and donated value) ........... $ 71,361.50
Construction contracts ......................... 1,440,485.41
Furnishings (estimate) ....................... 150,000.00



226

Robert M. Callaway Junior-Senior High School
Beasley Road
Grades 7 through 12
To be occupied September, 1966

Plaintiffs’ Exhibit No. 2

34 classrooms 
Cost:

Land ........................................................  $ 52,500.00
Construction contracts ........................  1,247,274.58
Furnishings (estimate) ....................... 78,700.00

Jim Hill Senior High School (New) 
Fortune Street 
Grades 10-11-12
To be occupied September, 1966
30 classrooms 
Cost:

Land ........................................................  $ 113,655.45
Construction contracts ......................... 1,357,563.98
Furnishings (estimate) ....................... 135,000.00

Oscar H. Wingfield Senior High School
Rushmore Avenue 
Grades 10-11-12
To be occupied September, 1966
30 classrooms
Cost:

Land (cost and donated value) ......... $ 88,010.00
Construction contracts ......................... 1,264,665.49
Furnishings (estimate) ....................... 124,000.00

A nswer to I nterrogatory No. 8: 

None.

[Signatures, Affidavits and Certificate Omitted]



Plaintiffs’ Exhibit 3 for Identification

Attached are the signed statements of eight Negro 
parents who enrolled their first-grade children in desegre­
gated schools in September, 1964, who report on their 
experiences with desegregated education.

A STATEMENT

I am the father of John Arthur Taylor and wish to 
state that while my son have been attending the pre­
viously all white school, I have received no threats what­
soever. (Neither to me nor my family).

I wish to further state that my son is doing very well 
in class and progressing more rapidly than I think he 
would have done in a segregated school.

/ s /  Mr. Robert Taylor 
Robert Taylor 
3716 Fontaine Avenue 
Jackson, Mississippi

A STATEMENT

To tell of my feelings about sending Jackie to an in­
tegrated school, I must admit they were varied, but I 
managed to dismiss them and concentrate on the school 
to choose if she was enrolled. So I decided to send her 
to Power School. She is the only one there. She is pro­
gressing favorably. She likes her teacher and classmates, 
even the pupils in other rooms are friendly with her. I 
have gone to the school for conferences and was treated 
with respect. I have been invited and attended the PTA 
and was also invited to have lunch with my child. Looking



228

back, I can truly say the experience has been wonderful, 
and I have no regrets.

/&/ Mrs. Beatrice Y oung 
Mrs. Beatrice Young

Plaintiffs' Exhibit No. 3 for Identification

A STATEMENT

This is a report of how integration affected my family.
My daughter, Jacque Laverne Jones, entered Watkins 

Elementary School on September 14, 1964, as a first grader 
under rights granted by a federal court order.

She has adjusted wonderfully there. I f her teacher 
feels that she is lacking in certain subjects, she phones 
me or send me a note telling me to come to the school 
for a conference about her problem. The principal does 
the same. I have been to the school on a number of occa­
sions concerning my daughter’s studies and have had the 
privilege of talking with the principal and her teacher, 
who want to be as cooperative as possible. They seem to 
be concerned about whatever problem my daughter has. 
My conflicts have been very few. I received a few un­
wanted telephone calls from unknown people. My husband 
had worked for Capitol Barber and Beauty Supply for 
15 years or more. On September 8th, he was laid off until 
the 21st. At that time his boss asked him to call and he 
did. His boss told him he would have to make the layoff 
permanent. When my husband asked why he was being 
laid off, his boss said he was under pressure.

Jacque has made progress. Her grades have been good.

/ s /  Mrs. Y vonne Jones 
Mrs. Yvonne Jones 
3634 Bishop Street 
Jackson, Mississippi



229

Plaintiffs’ Exhibit No. 3 for Identification 

A  STATEMENT

I enrolled my son, David, in the Watkins School. At 
first he was doing fine in his books, but now almost every 
day he makes a (U). He is good in reading.

The teacher has two colored children sitting together, 
and I asked that my child be given a seat by himself and 
was told “No” . From the way the teacher acted, she doesn’t 
seem to want them and seems to give the white children 
better marks even when they have the same amount of 
mistakes. I asked to come and to visit the class and was 
told that I would distract them from their lessons. When 
the children go to lunch, the two colored* children sit 
together, but there are white children sitting at the same 
table.

/ s /  Mbs. Daisy McNaibs 
Mrs. Daisy McNairs 
3644 Baily Avenue 
Jackson, Mississippi

A STATEMENT

Prior to enrolling my child at Galloway School I almost 
declined because of fear for my child, but after I was 
assured that no harm would come to her because there 
would be police protection, I felt better. Teressa has 
progressed normally, I would say. She likes the school 
and her teacher, and I feel that if the students and teacher 
had not been kind to her she would have been unhappy, 
and this has made me very proud. After hearing it said 
that my child would not progress or adjust because of the 
difference in white and colored pupils, I have found this



230

to be untrue. I have also discovered that children will 
learn to hate only if it is taught to them.

I have not been invited to any activities at the school.

/ s /  Mrs. Dixie Shelton 
Mrs. Dixie Shelton

Plaintiffs’ Exhibit No. 3 for Identification

A STATEMENT

To say that I did not have mixed emotions prior to 
enrolling Edward in Watkins School would be an untrue 
statement. However, things have gone so well and my 
son has progressed as any normal first grader. When he 
speaks of his teacher and classmates, I can detect the 
fondness he has for them, and they have been so friendly 
to him until it makes him feel they like him. There have 
been some few who were different, but Edward always 
says, “ There are some good people everywhere, you even 
see them when you look at television.” So with that feel­
ing, I am proud of him, and I give thanks to those responsi­
ble for this wonderful adjustment.

/ s /  Mr. B en C. Triplett 
Mr. Ben Triplett

A STATEMENT

I am the mother of Michael Williams and can truly say 
that it was a good experience enrolling my child in a 
Mississippi white school (Galloway).

However, it wasn’t a new experience for my child, be­
cause he was born in the state of California and have 
played with all races as far as he can remember.



231

We moved to Jackson two years ago. I must say that I 
was overjoyed that it would be possible to enroll my child 
in first grade in an all white school. (Most of all because 
this is Mississippi).

It was a bit frightening at first. I was an expectant 
mother at that time. It frightened me because I didn’t 
know what would happen to my child. But my nightmare 
turned out to be only a dream.

The principal of Galloway School has appeared to be a 
very nice man. My son’s teacher also is a wonderful 
person. She has really taught well. I can truly say I am 
well pleased with the help she has given my child.

I have had two visits with his teacher this year. She is 
very much concerned with her students. Michael thinks 
the children are just wonderful to work with.

However, my husband and I purchased PTA member­
ship cards that were issued on December 1, 1964, and we 
haven’t been notified or invited to attend any meetings. 
I also have a child eight years old that attend Jones 
School and I have had many invitations to attend their 
PTA meetings.

This is a brief summary of our new experiences of the 
past few months.

/ s /  Mrs. Ora Jean W ard 
Mrs. Ora Jean Ward

Plaintiffs' Exhibit No. 3 for Identification

A STATEMENT

I can hardly explain the fear and excitement I felt before 
enrolling my son in Galloway School. It is near me and 
that makes it convenient for his attending. He is doing 
well in his studies. I am pleased and he is happy and very 
well adjusted. He talks fondly of his teacher and class-



232

Plaintiffs' Exhibit No. 3 for Identification

mates. However, we have suffered reprisals. I was fired, 
and my husband was given less and less work to do, but 
everyone has been just wonderful to me and it made me so 
happy to know there are people who care. I was able to 
get another job. My husband doesn’t get much to do but 
somehow we are surviving. I have not been invited to 
attend PTA although we purchased a membership card. 
I do not know why.

/ s /  Mrs. A nnie Delora H unter 
Mrs. Annie Hunter



SCALED

SCORE

A

B

C

D

E

NATIONAL
AVERAGE

METROPOLITAN READINESS TEST, MEAN SCALED SCORES 
FIRST GRADE, 1964-65, WHITE & NEGRO 

JACKSON PUBLIC SCHOOLS

D
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METROPOLITAN ACHIEVEMENT TESTS, GRADE 4 
MEAN STANIKE, WHITE AND NEGRO 

FALL, 1964 
JACKS CW

D
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METROPOLITAN ACHIEVEMENT TESTS, GRADE 5 
KEAN STARIME, WHITE AND NEGRO 

FALL, 196H 
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METROPOLITAN ACHIEVEMENT TESTS, GRADE 6 
MEAN STAKINE, WHITE AND NEGRO 

FALL, 19&*
JACKS®

D
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6



METROPOLITAN ACMETOOTT TESTS, GRADE 7 
MEAN STANINE, WHITE AND NEORO 

FALL, 196H 
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MEILEN PRESS INC. —  N. Y. C.