Cotton v. Scotland Neck City Board of Education Appendix to Petitioners' Brief Maps, Tables and Statutes

    In the

B’ttprm? (tart nf %  Ittifrii
O ctober T erm , 1971 

N o. 70-187

P attie B lack  C otton, et al., 

v.
Petitioners,

S cotland N eck  Cit y  B oard of E ducation , et al.

ON W R IT  OF CERTIORARI TO T H E  
U N IT E D  STATES COURT OF APPEALS FOR TH E  F O U R TH  CIRCU IT

APPENDIX TO PETITIONERS’ BRIEF 
MAPS, TABLES AND STATUTES

J ack  G reenberg 
J ames M. N abrit, III 
N orman  J . C h a c h k in  

10 Columbus Circle 
New York, N. Y. 10019

J. L eV onne C hambers 
237 West Trade Street 
Charlotte, N. C. 28202

A dam  S tein
157 East Rosemary Street 
Chapel Hill, N. C. 27514

J ames R. W alker , Jr,
501 West Third Street 
Weldon, N. C. 27890

S am uel  S. M itch ell
126% East Hargett Street 
Raleigh, N. C. 27601

Attorneys for Petitioners



I N D E X

PAGE

Map I—Location of New School Units in Scotland 
Neck, Littleton and Warrenton, North Carolina and 
Emporia, Virginia ............................................... ....... 2b

Map II—Halifax County Schools, 1968-1969 .............. 4b

Table I—Distribution of Students and Teachers by 
Race in Halifax County Schools, 1968-69 .................  6b

Map III—Interim Consolidation and Desegregation 
Plan Prepared by the State Department of Public 
Instruction, December, 1968 ......................................  8b

Table II—Projected Student Assignments Pursuant to 
Interim Reorganization and Desegregation Plan Pre­
pared by North Carolina Department of Public In­
struction—December, 1968 .......................    10b

Map IV—The Scotland Neck Unit and Halifax County 
District I ...................................................   lib

Table III—Resident Pupil Population of Scotland 
Neck Unit and Halifax County District I .................  14b

Table IV—The Effect of the Scotland Neck Unit on 
District I of Halifax County ......    15b

Chapter 31 of the 1969 Session Laws of North Caro­
lina ................................................................................  16b



2b

MAP I (Schematic)

Location of New School Units in Scotland Neck, 
Littleton and W arrenton, North Carolina and 

Emporia, Virginia

The following schematic map shows the location of the 
new administrative units established in the spring of 1969 
in North Carolina and Virginia. Scotland Neck in Halifax 
County, North Carolina is the school system involved in 
this case. Littleton-Lake Gaston, located at Littleton, North 
Carolina, straddles both Halifax and Warren Counties. The 
district court enjoined its operation and the court of appeals 
affirmed.1 Warrenton is in Warren County, North Carolina. 
The district court enjoined its operation and no appeal was 
taken.2 Emporia is in Greensville County, Virginia. The 
district court enjoined its operation;3 the court of appeals 
reversed.4 * The matter is now pending in this Court.6

(See Opposite) EV3

1 Turner v. Littleton-Lake Gaston School District, 442 F.2d 584 
(4th Cir. 1971).

2 Turner v. Warren County Board of Education, 313 F. Supp 
380 (E.D. N.C. 1970).

3 Wright v. County School Board of Greensville County, 309 
F. Supp. 671 (E.D. Va. 1970).

4 Wright v. Council of City of Emporia, 442 F.2d 570 (4th Cir
1971).

6 Wright v. Council of City of Emporia, O.T. 1971, No. 70-188, 
certiorari granted October 12, 1971.





4b

MAP II

Halifax County Schools, 1968-691

The following map shows the location2 and grade struc­
ture of the Halifax County schools during the 1968-69 school 
year.3 School locations are approximated, based on map in 
record at A. 595. See also map at A. 820.

(See Opposite) BBS?"

1 Source: Division of School Planning, State Department of 
Public Instruction, “ Survey, H a l i f a x  C o u n t y ,”  6 (1968) (A. 595).

2 Ibid.
3 Table I, infra, shows the distribution of students and teachers 

by race m the Halifax County schools for the 1968-69 school year.



20522 AMERICAN MAP CO., MC..N.Y.



6b

TABLE I

Distribution of Students and Teachers by Race in 
Halifax County Schools, 1968-691

P u p ils___________________  T each ers

G rades S chool W h ite B la ck T o ta l2 %  B la ck W h ite B la ck

Eastern Halifax [District I] 3

1-12 Scotland Neck 786 1934 979 19.7 36 10
1-6; 9-12 Brawley 0 1,106 1,106 100.0 0 40

1-8 Bakers 0 283 283 100.0 1 12
1-8 Thomas Shields 0 203 203 100.0 0 9
1-8 Dawson 0 459 459 100.0 2 16
1-8 Tillery Chapel 0 272 272 100.0 0 11

[786] [2,516] [3,302] [ 76.2]
South Central Halifax [District II]
1-12 Enfield 402 1776 579 30.6 24 4

1-6; 8 Inborden Elem. 0 949 949 100.0 0 33
9-12 Inborden High 0 469 469 100.0 1 17
Southwestern Halifax [District III]
1-12 Eastman 0 950 952 99.8 0 36
1-8 Pittman 0 420 420 100.0 0 17
1-8 White Oak 0 302 304 99.3 0 13
1-8 Hollister 0 303 331 91.5 0 13
Northwestern Halifax [District IY]
1-12 William B. Davie 852 2646 1,116 23.7 38 9

1-6; 9-12 Chaloner7 0 680 680 100.0 0 31
1-12 Aurelian Springs 317 1188 503 23.5 20 5

1-6; 9-12 Mclver 0 572 572 100.0 0 26
1-8 Everetts 0 478 478 100.0 1 21

Total Students and Teachers
W h ite % B la ck % In d ia n % T o ta l

Students 2,357 22.1 8,196 76.9 105 1.0 10,655
Teachers 127 27.9 326 71.6 2 0.4 455



Total number of schools 
Number of all-black schools

7b

18
14

Number of blacks attending all-black schools
Percentage of blacks attending all-black schools

7,446
90.8%

Number of blacks attending schools pursuant to 
freedom of choice1 2 3 4 5 6 7 8 9 7,650
Number of blacks attending traditionally white 
schools pursuant to freedom of choice 204
Percentage of blacks choosing traditionally white 
schools 2.7%

1 Source: School System Report to Department of Health, Education and 
Welfare, Fall (1968) (A. 727-745).

2 There were 2 Indian students at Eastman, 2 at White Oak, 28 at Hollister, 
2 at Davie and 68 at Aurelian Springs. The “total” for these schools reflects 
the presence of these students.

3 District designations are those now in use but adopted subsequent to 1968-69.
4 There were 153 black students who had been moved to Scotland Neck from 

Brawley in grades 7 and 8. In the remaining grades (1-6 and 9-12), there were 
664 white and 40, or 5.7% blacks. All of these children were assigned pursuant 
to freedom of choice.

5 There were 123 black students in grade 7 who had been moved from Inborden 
Elementary School. In the remaining grades there were 371 whites and 54 
(12.7%) blacks.

6 There were 156 black students in grades 7 and 8 who had been moved from 
Chaloner. In the remaining grades there were 698 whites and 106 (13.2%) 
blacks.

7 The Chaloner School is no longer used.
8 There were 114 black students in grades 7 and 8 who had been moved from 

Mclver. In the remaining grades, there were 335 whites and 4 (1.2%) blacks.
9 This is the total number of black children in the system (8,196) minus the 

black children in grades 7 and 8 at Scotland Neck (153), in grade 7 at Enfield 
(123), in grades 7 and 8 at Davie (156) and in grades 7 and 8 at Aurelian 
Springs (114).



8b

MAP III (Schematic)

Interim Consolidation and Desegregation Plan 
Prepared by the State Department of Public 

Instruction December, 19681

The following is a schematic map of the Interim Plan 
prepared by the State Department of Public Instruction at 
the request of the Halifax County School Board and pre­
sented to the Board in December, 1968. The map shows the 
division of the system into four districts and the grade 
structure of the schools.2

(See Opposite) ISP

1 Source: State Department Survey, 17 (1968) (A. 608).
2 Table II, infra, shows the Halifax School Board’s December, 

1968 projected assignments pursuant to this plan.





9b



10b

TABLE II
Projected Student Assignments1 2 Pursuant to Interim 
Reorganization and Desegregation Plan3 Prepared by 

North Carolina Department of Public Instruction 
— December, 1968

Interim Plan
P h p ils

1968-69

G rades S ch oo l W h ite B la ck T o ta l %  B la ck G rades %  B la ck

Districi I
5-6; 10-12 Scotland Neck 325 640 965 66.3 1-12 19.7
1-4; 7-9 Brawley 330 740 1,070 69.2 1-6; 9-12 100.0

1-84 Bakers 6 387 393 98.5 1-8 100.0
1-84 Thomas Shields 68 340 408 83.3 1-8 100.0
1-84 Dawson 44 570 614 92.8 1-8 100.0
1-81 Tillery Chapel 31 378 409 92.4 1-8 100.0

Totals 804 3,055 3,859 79.2
District II

9-12 Enfield 120 409 529 77.3 1-12 30.6
1-5 Inborden Elem. 160 710 870 81.6 1-6; 8 100.0
6-8 Inborden Middle 90 390 480 81.3 9-12 100.0

Totals 370 1,509 1,879 80.3
District III

8-12 Eastman 32 658 690 95.3 1-12 99.8
1-7 Pittman 26 383 409 93.6 1-8 100.0
1-7 White Oak 25 291 316 92.1 1-8 99.3
1-7 Hollister 4 329 333 98.8 1-8 91.5

Totals 87 1,661 1,748 95.0
District IV

9-12 William B. Davie 330 588 918 64.1 1-12 23.7
Chaloner3 1-6; 9-12 100.0

1-8 Aurelian Springs 166 336 502 66.9 1-12 23.5
1-8 Mclver 94 455 549 82.9 1-6; 9-12 100.0
1-8 Everetts 300 188 488 38.5 1-8 100.0

Totals 890 1,567 2,457 63.8

1 The assignments were projected by the Halifax administrators according to 
pupil residences by race (A. 681-682).

2 The Halifax School Board requested the Plan in July, 1968 (A. 759). The 
Statement Department of Public Instruction submitted the plan in December, 
1968 (A. 233-234).

3 Chaloner School was not projected for use under the State Interim Plan.
4 Grade structuring as shown in Halifax Board of Education projections 

(A. 681-682) ; Interim Plan shows Grades 1-7 at these schools (A. 606-608).



lib

MAP IV

The following map shows the location of the Scotland 
Neck Unit surrounded by the Brawley attendance zone and 
surrounded by the Halifax County District I. It shows 
projected assignments by race to the Scotland Neck Unit 
and to Halifax District I if the new unit were to be operated 
and if there were no transfers between units.1 2 School 
locations are approximated based on map in record at 
A. 595. See also map at A. 820.

The Scotland Neck Unit and Halifax County District I1

1 Source : Exhibit A to motion filed by the Halifax County Board 
of Education, June, 1970 (1089a).

2 Table III, infra, recapitulates the attendance figures shown on 
the map. Table IV, infra, shows the effect on District I by the 
creation of the Scotland Neck Administrative Unit and the trans­
fers which occurred between Scotland Neck and Halifax imme­
diately following the creation of the new unit.



12b

(See Opposite) 23?°



N

W

C

T

EXHIBIT A
M otion  of defendant Halifax County 

Board of Education 

Dated 2H June, 1970

Negro Pupils 

—  White Pupils 

~  Capacity of Facility 

Total Pupils Assigned

20622 AMERICAN MAP CO., INC..N.Y.



13b

r



14b

TABLE III

Resident Pupil Population of Scotland Neck Unit
and Halifax County District I1

Scotland Neck Unit and Remaining Portion of District I
Pupils

Grades School White Black Total % Black

1-12 Scotland Neck Unit 399 296 695 42.6
1-12 Brawley Zone 83 805 888 90.7

Sub-Totals (1) 482 1,101 1,583 69.6
1-8 Bakers Zone 9 357 366 97.5
1-8 Thomas Shields Zone 85 233 318 73.3
1-8 Dawson Zone 60 388 448 86.6
1-8 Tillery Chapel Zone 22 211 233 90.6

Sub-Totals (2) 176 1,189 1,365 87.1

Total Pupils in District I2
White Black Total % Black

Sub-Totals (1) 482 1,101 1,583 69.6
Sub-Totals (2) 176 1,189 1,365 87.1

658 2,290 2,948 77.7

1 Source: Exhibit A, Motion of Defendant Halifax County Board of Educa­
tion, June 24, 1970 (A. 1089; original color map not printed in Appendix).

2 These totals for District I differ somewhat from pupil attendance at these 
schools for the 1968-69 school year and also from a previous estimate of the 
number of pupils residing within the District by the Halifax Board:

White Black Total % Black
1968-69 786 2,516 3,302 76.2 (Table I, supra)
December, 1968 804 3,055 3,859 79.2 (Table II, supra)
June, 1970 658 2,290 2,948 77.7 (Table III, supra,)

The racial ratios for each set of figures remains approximately the same.



15b

TABLE IV

The Effect of the Scotland Neck Unit on
District I of Halifax County1

Scotland Neck

White Black Total

By Residence 399 296 695
By Transfers In 350 10 360

749 306 1,055
By Transfers Out 0 44 44

Final
Assignments 749 262 1,011

Halifax County District Is

%
Black White Black Total

%
Black

42.6 405 2,360 2,765 85.4
0 44 44

405 2,404 2,809
350 10 360

25.9 55 2,394 2,449 97.8

district I closely approximates the traditional attendance area of the Scotland 
Neck School. Scotland Neck was the only white school serving that area (see 
Map II, supra). Of its 786 white pupils, nearly one-half (387) lived outside of 
the town limits. It can be safely assumed, therefore, that the transfers in and 
out of the Scotland Neck Unit immediately after its creation were residents of 
Halifax County District I.

2 These figures are determined by taking the District I enrollments (Table II, 
supra) and subtracting the assignments to Scotland Neck.



16b

Chapter 31 o f the 1969 Session Laws of North 
Carolina, is entitled and provides:

“ A n  A ct to I m prove  an d  P rovide P ublic  S chools of 
a  H ig h e r  S tandard  for t h e  R esidents of S cotland  
N eck  in  H a l if a x  C o u n t y , to E stablish  t h e  S cot­
lan d  N e c k  C it y  A d m in ist r a t iv e  U n it , to P rovide 
for t h e  A d m in ist r a t io n  of t h e  P u blic  S chools in  
S aid  A d m in istr a tiv e  U n it , to L evy  a  S pecial  T a x  
for t h e  P u blic  S chools of S aid  A d m in istr a tiv e  
U n it , A l l  of W h ic h  S h a l l  B e S u b je c t  to t h e  A p ­
proval  of t h e  V oters in  a  R eferen du m  or S pecial  
E lection

“ S ection  1. There is hereby classified and estab­
lished a public school administrative unit to be 
known and designated as the Scotland Neck City 
Administrative Unit which shall consist o f the terri­
tory or area lying and being within the boundaries 
or corporate limits o f the Town of Scotland Neck in 
Halifax County, and the boundaries o f said Scotland 
Neck City Administrative Unit shall be coterminous 
with the present corporate limits or boundaries of the 
Town of Scotland Neck. The governing board of said 
Scotland Neck City Administrative Unit shall be 
known and designated as the Scotland Neck City 
Board o f Education, and said Scotland Neck City 
Board o f Education (hereinafter referred to as: 
Board) shall have and exercise all o f the powers, 
duties, privileges and authority granted and applicable 
to city administrative units and city boards of educa­
tion as set forth in Chapter 115 of the General Stat­
utes, as amended.



1Tb

“ S ec . 2. The Board shall consist o f five members 
appointed by the governing authority of the Town of 
Scotland Neck, and said five members shall hold office 
until the next regular municipal election of the Town 
of Scotland Neck to be held in May, 1971. At the 
regular election for Mayor and Commissioners o f the 
Town, of Scotland Neck to be held in May 1971, there 
shall be elected five members o f the Board, and three 
persons so elected who receive the highest number of 
votes shall hold office for four years and the two per­
sons elected who receive the next highest number of 
votes shall hold office for two years, and thereafter 
all members o f the Board so elected, as successors, 
shall hold office for four years. All members o f the 
Board shall hold their offices until their successors 
are elected and qualified. All members of the Board 
shall be eligible to hold public office as required by 
the Constitution and laws of the State.

“ S e c . 3. A ll members of the Board shall be elected 
by the qualified voters o f the Town o f Scotland Neck 
and said election shall be held and conducted by the 
governing authority of the Town o f Scotland Neck 
and by its election officials and pursuant to the same 
laws, rules and regulations as are applicable to the 
election o f the municipal officials o f the Town of Scot­
land Neck, and the results shall be certified in the 
same manner. The election o f members o f the Board 
shall be held at the same time and place as applicable 
to the election o f the Mayor and Board o f Commis­
sioners o f the Town of Scotland Neck and in accord­
ance with the expiration of terms of office of members 
o f the Board. The members o f the Board so elected 
shall be inducted into office on the first Monday fol­
lowing the date o f election, and the expense o f the 
election o f the members of the Board shall be paid by 
the Board.



18b

“ S ec . 4. At the first meeting of the Board appointed 
as above set forth and o f a new Board elected as here­
in provided, the Board shall organize by electing one 
o f its members as chairman for a period o f one year, 
or until his successor is elected and qualified. The 
chairman shall preside at the meetings o f the Board, 
and in the event o f his absence or sickness, the Board 
may appoint one o f its members as temporary chair­
man. The Scotland Neck City Superintendent of 
Schools shall be ex officio secretary to his Board and 
shall keep the minutes o f the Board but shall have no 
vote. I f  there exists a vacancy in the office o f Super­
intendent, then the Board may appoint one o f its 
members to serve temporarily as secretary to the 
Board. All vacancies in the membership o f the Board 
by death, resignation, removal, change o f residence or 
otherwise shall be filled by appointment by the gov­
erning authority of the Town of Scotland Neck o f a 
person to serve for the unexpired term and until the 
next regular election for members o f the Board when 
a successor shall be elected.

“ S ec . 5. All public school property, both real and 
persona], and all buildings, facilities, and equipment 
used for public school purposes, located within the 
corporate limits o f Scotland Neck and within the 
boundaries set forth in Section 1 o f this Act, and all 
records, books, moneys budgeted for said facilities, 
accounts, papers, documents and property o f any de­
scription, shall become the property o f Scotland Neck 
City Administrative Unit or the B oard; all real estate 
belonging to the public schools located within the 
above-described boundaries is hereby granted, made 
over to, and automatically by force of this Act con­
veyed to the Board from the County public school 
authorities. The Board of Education of Halifax 
County is authorized and directed to execute any and



all deeds, bills o f sale, assignments or other documents 
that may be necessary to completely vest title to all 
such property in the Board.

“ Sec. 6. Subject to the approval of the voters resid­
ing within the boundaries set forth in Section 1 o f this 
Act, or within the corporate limits of the Town of 
Scotland Neck, as hereinafter provided, the governing 
authority o f the Town of Scotland Neck, in addition 
to all other taxes, is authorized and directed to levy 
annually a supplemental tax not to exceed Fifty Cents 
(50^) on each One Hundred ($100.00) Dollars of the 
assessed value of the real and personal property tax­
able in said Town of Scotland Neck. The amount or 
rate o f said tax shall be determined by the Board and 
said tax shall be collected by the Tax Collector of the 
Town of Scotland Neck and paid to the Treasurer of 
the Board. The Board may use the proceeds of the 
tax so collected to supplement any object or item in 
the school budget as fixed by law or to supplement any 
object or item in the Current Expense Fund or Capi­
tal Outlay Fund as fixed by law.

“ Sec. 7. Within ten days from the date o f the ratifi­
cation o f this Act it shall be the duty of the govern­
ing authority of the Town of Scotland Neck to call 
a referendum or special election upon the question of 
whether or not said Scotland Neck City Administra­
tive Unit and its administrative board shall be estab­
lished and whether or not the special tax herein 
provided shall be levied and collected for the purposes 
herein provided. The notice o f the special election shall 
be published once a week for two successive weeks in 
some newspaper published in the Town of Scotland 
Neck or having a general circulation in the Town of 
Scotland Neck. The notice shall contain a brief state­
ment o f the purpose o f the special election, the area 
in which it shall be held, and that a vote by a majority

19b



20b

of those voting in favor of this Act will establish the 
Scotland Neck City Administrative Unit and its Ad­
ministrative Board as herein set forth, and that an 
annual tax not to exceed F ifty  Cents (50^) on the 
assessed valuation o f real and personal property, ac­
cording to each One Hundred Dollars ($100.00) valua­
tion, the rate to be fixed by the Board, will be levied as 
a supplemental tax in the Town of Scotland Neck, for 
the purpose o f supplementing any lawful public school 
budgetary item. A  new registration o f voters shall not 
be required and in all respects the laws and regula­
tions under which the municipal elections o f the Town 
of Scotland Neck are held shall apply to said special 
election. The governing authority of the Town of 
Scotland Neck shall have the authority to enact rea­
sonable rules and regulations for the necessary elec­
tion books, records and other documents for such 
special election and to fix the necessary details o f said 
special election.

“ Sec. 8. In said referendum or special election a 
ballot in form substantially as follows shall be used: 
V ote for one:

( □ )  FOR creating and establishing Scotland 
Neck City Administrative Unit with adminis­
trative Board to operate public schools of said 
Unit and for supplemental tax not to exceed 
F ifty  Cents (50^) on the assessed valuation 
of real and personal property according to each 
One Hundred Dollars ($100.00) valuation for 
objects of school budget.
( □ )  A G A IN ST creating and establishing Scot­
land Neck City Administrative Unit with ad­
ministrative Board to operate public schools of 
said Unit and against supplemental tax not to 
exceed F ifty  Cents (50^) on the assessed valua­



21b

tion o f real and personal property according to 
each One Hundred Dollars ($100.00) valuation 
for objects o f school budget.

“ I f  a majority o f the qualified voters voting at such 
referendum or special election vote in favor o f estab­
lishing Scotland Neck City Administrative Unit, for 
creation o f administrative Board to operate public 
schools o f said Unit and for special supplemental tax 
as herein set forth, then this Act shall become effec­
tive and operative as to all its provisions upon the 
date said special election results are canvassed and the 
result judicially determined, otherwise to be null and 
void. The expense of said referendum or special elec­
tion shall be paid by the governing authority of the 
Town of Scotland Neck but i f  said Unit and Board 
are established, then said Town of Scotland Neck shall 
be reimbursed by the Board for said expense as soon 
as possible.

“ S ec . 9. All laws and clauses o f laws in conflict with 
this Act are hereby repealed.

“ Sec. 10. This Act shall be in full force and effect 
according to its provisions from and after its 
ratification.”



MEILEN PRESS IN C  —  N. Y. C. -?;;!?>• 219