Head v. Blakeney Appendix Vol. II

Public Court Documents
September 9, 1970

Head v. Blakeney Appendix Vol. II preview

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  • Brief Collection, LDF Court Filings. Head v. Blakeney Appendix Vol. II, 1970. fa835ae1-b79a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/d6b3ba91-3d76-491c-839e-5005a6d0c514/head-v-blakeney-appendix-vol-ii. Accessed June 17, 2025.

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    I n  t h e

llnxtth Crwrt ni Appeals
F oe t h e  F if t h  C ir c u it  

No. 30560

R osa A. H ead and C lara  B e lle  M c C rary, Individually and 
on behalf of all others similarly situated,

Plaintiffs-Appellants,
—versus—-

R. D. Blakeney, Individually and as Superintendent of 
Schools of the Gainesville, Georgia, City School Dis­
trict, et al.,

Defendants-Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE 
NORTHERN DISTRICT OF GEORGIA.

A P P E N D I X
(Volume II— Pages 333A to 724A)

J a c k  Greenberg 
J am es M. N abrit , III 
C onrad K. H arper 
N orm an  J . C h a c h k in  

10 Columbus Circle 
New York, N.Y. 10019

H oward M oore, J r .
P eter  E. R in d sko pf

Citizens Trust Company 
Bank Building 

75 Piedmont Avenue, N.E. 
Atlanta, Georgia 30303

Attorneys for Plaintiff s- 
Appellants



I N D E X

PAGE

Copy of Docket Entries .................. .......................... 1A

Complaint ___________________ ____ _________ 4A

Summons ....... ....................... ..................................... 12A

Returns on Service of Writs ...............................13A-16A

Disqualification of Judge Sidney 0. Smith, Jr. and
Designation of Judge Albert J. Henderson, J r .... 17A

Order to Show Cause .......................................... .....  19A

Transcript of Proceedings of June 11, 1969 ..........20A-74A

Order Dismissing Georgia State Board of Educa­
tion and Jack P. Nix as Party Defendants, Dated 
June 20, 1969 .......... ..............................................  75A

Motion to Dismiss Georgia State Board of Educa­
tion and Nix as Party Defendants   ............... . 78 A

Memorandum Brief ................. .................... ............. 80A

Plaintiffs’ Memorandum in Opposition to Motion to 
Dismiss  ................................................................  82A

Memorandum of Law in Support of Motion to 
Dismiss ....................................................... — ....... 89A

Plaintiffs’ Motion to Alter or Amend an Order ......  83A

Memorandum in Support of Motion to Alter or 
Amend an Order ............................—............. -....... 98A



11

PAGE

Plaintiffs’ List of Witnesses ...................................  106A

Answer of Defendants Blakeney and Gainesville
City Board of Education ..... ............... .... .............  107A

Vols. 1 & 11 of Transcript of Proceedings of June 23 
and June 24, 1969 .................................. ......... 109A-658A

Order Setting Hearing on Plaintiffs’ Motion to Alter 
or Amend Order ................................... ............. . 659A

Written Argument on Behalf of the Defendants
Blakeney and Gainesville City Board of Education 661A

Brief for Plaintiffs After Hearing in Support of 
Their Proposed Findings of Fact and Conclusions 
of Law .......    671A

Plaintiffs’ Response to Defendants Findings of Fact 
and Conclusions of Law ................................ ....... 691A

Memorandum Submitted to Trial Judge on Behalf 
of the Defendants Blakeney & Gainesville City 
Board of Education ................................ ..............  695A

Order That Plaintiffs’ Counsel Respond by Brief 
Within 15 Days ....................................................  704A

Order—Ruling Delayed Pending the Fifth Circuit’s
Decision in Harkless ........................................... . 705A

Findings of Fact, Conclusion of Law ..................... 706A

Judgment .............      718A

Bill of Costs 719 A



Ill

PAGE

Deposition Costs Incurred in Preparation for Trial 720A

Plaintiffs’ Notice of Appeal .....................................  721A

Cost Bond on Appeal ................ ...............................  722A

Clerk’s Certificate 724A



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TUESDAY, JUNE 24, VOLUME II

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 

GAINESVILLE DIVISION

ROSA A. HEAD and CLARA BELLE 
McCRARY, Individually and on 
behalf of all others similarly 
situated,

Plaintiffs

vs.
Civil Action No, 1277

R. D. BLAKENEYj Individually 
and as Superintendent of Schools 
of the Gainesville, Georgia, City 
School District; GAINESVILLE CITY 
BOARD OF EDUCATION: JACK P. NIX,
Individually and as Georgia State 
Superintendent of Schools: and 
GEORGIA STATE BOARD OF EDUCATION,

Defendants

OfA//

Transcript of proceedings had before the Honorable 
ALBERT J, HENDERSON, JR., United States District Judge, 
in Gainesville, Hall County, Georgia, on Monday, June 
23 and Tuesday, June 24, 1 9 6 9 , in the above styled action

-0-

APPEARANCES OF COUNSEL:

FOR THE PLAINTIFFS: Howard Moore, Jr., Esquire

FOR THE DEFENDANTS: William B. Gunter, Esquire
Sam Oliver, Esquire



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334A ©

(Gainesville, Georgia; Tuesday, June 2*+, 1969 

in open court.)

9:30 A. M . ,
_______ 22$__

-0-

THE COURT: Gentlemen, are you ready to go?

MR, MOORE: Yes, sir.
1

Call the Plaintiff, Miss Clara Belle McCrary.

THE COURT: All right.

THE CLERK: Miss McCrary, if you will take an oath,

please.

The evidence you shall give in the issue joined 

between Rosa A. Head and others and R. D. Blakeney, 

individually and as Superintendent of Schools, and other 

shall be the truth, the whole truth and nothing but the 

truth, so help you God.

MISS McCRARY: I do.

MISS CLARA BELLE McCRARY.

Called as a witness, after having first been duly sworn, 

testified as follows:

DIRECT EXAMINATION

BY MR. MOORE:

Q Would you state your name, please?

A Clara Belle McCrary.

Q And where do you live, Miss McCrary?

A I am presently at 77*+ Athens Street. My home is 

235 Holly Drive.



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230

Q Is that in the City of Gainesville?

A Yes, it is.

Q And, Miss McCrary, how long have you lived in the 

City of Gainesville?

A All of my days.

Q And how long has that been, if I may ask, please?

A Sixty beautiful years.

Q Miss McCrary, are you connected with —  strike that,

please.

Would you tell us what your educational background 

is, please?

A Gainesville Public Schools here in Gainesville, 

Georgia, Northwestern High School here in Gainesville, Georgia 

Atlanta University, for which I completed my A.B. Degree, 

in Atlanta, Georgia, Clark -- I ’m sorry. Strike that.

Clark University, from which I got my A. B. Degree, and 

Atlanta University from which I got my Master 1s Degree. I 

have done further study in reading at Howard University in 

Washington, D. C., and Bald State College, in Muncie, Indiana.

Q I didn't quite get the last one.

A Bald State College in Muncie, Indiana.

Q And how much additional postgraduate work have you 

done, Miss McCrary?

A The work at Bald State and the work at Howard, 

special reading.

y H



336A. T\
J
____ _________231

1 0 And how many hours was that?
2 A Six.
3 Q Six, a total of six, or six at each institution?
4 A A total of six.
5 Q Miss McCrary, when you first finished the public
6 schools, Northwestern here in Gainesville, did you begin

7 teaching at that time?

3 A At Northwestern School, yes.

9 ■Q And when was that, Miss McCrary?

10 A ' 2 7.

11 Q And how long did you teach at Northwestern?

12 A Four years.

13 Q And what kind of school was Northwestern?

14 A It was a combination elementary and high school

15 going through eleven grades.

16 Q And what grades or classes did you teach in Northwes

17 A First through third.

18 Q And was Northwestern a public or a private or a

19 church-related school?

20
A At that time it was a church-related school.

21
Q And could you tell us what denomination?

A Baptist.
22

23 Q Do you know yourself what happened or what became

24
to Northwestern University -- Northwestern High School, rathe]'

A Would you say that again?
25

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212

Q All right.

Northwestern, what happened to the Northwestern

School?

A Oh, in 19!+9, I believe it was, the Association

was no longer able to take care of the expenses of the school 

and it was then taken over by the City of Gainesville and 

became a part of the City School System,

Q Is it a part of the Fair Street School?

A It is.

Q Is the old Fair Street School building the old

Northwestern building?

A No. The old Northwestern building was on Myrtle

Street.

Q I see.

A It is no more. It has been torn down.

Q And you joined the public school system in 19^9>

is that correct?

A Right.

Q And you have been with the Gainesville Public School

System since 19^9 continuously on a yearly basis?

A That's right.

Q I didn't quite get your answer.

A Yes.

Q And during those years, some 21 years, Miss McCrary,

what grades did you teach?

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338 A 231
A

©  3 3 8 A  ©

For a number of years I taught the third. For the

last, I think, four years I have taught the fourth.

Q Have you spent all of your time in the public 

schools, except for the last four years, teaching the third 

grade?

A Beg your pardon?

Q I say have you spent all of your years in the

public schools, except the last four years, teaching the 

third grade?

A Yes.

Q You have taught the third grade for approximately

17 years, is that correct?

A

Q

Yes, that is about right.

Now, Miss McCrary, during this time, during the tim<

that you have been with the public schools, will you tell 

His Honor how many days you have actually missed from class?

A One day for my own personal reason, to attend a 

funeral.

Q Whose funeral was that?

A

Q

My uncle.

All right.

And how long ago was that?

A I would say about five years ago, ......

Q Now, are you connected with a library system here?

A Yes, I am, where I do part-time work.

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V  33 9 A .  C y
. _..... _2ii

Q And what is the name of that library system?

A At the time it is the McCrary Branch Library of

the Ghestatee Regional Library.

Q And is it connected with the Hall County Public 

Library System?

A Yes. It is a branch of the Hall County Library.

D When was the branch started?

A I believe it was 1 9 1+7 .

Q Were you instrumental in starting the library?

A No, I wasn't. It was Mrs. Howard Purcell, who at

that time was the head librarian.

Q And you joined the library staff in 19^9?

A 'h7.

Q 191+7?

A Right.

q And you have been with it continuously since?

A Yes.

Q Do you work with the library on a daily basis?

A Yes, in the afternoons.

Q What are your hours at the library?

A Well, the library runs, opens at 2:00 o'clock and

is in operation from 2 :0 0 to 6 :0 0. I move over about h:00 
or whatever time we finish from our classrooms there at Fair 

Street.

Q You stay until 6:00?

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340 A.
-231

A Yes.

Q And the library is directly across the street from 

the old Fair Street Building?

A Yes, it is.

Q To what age group or groups does the library cater?

A To all age groups.

Q By whom is it most intensely or most frequently

used?

A The children of the community.

Q And what age children?

A From "Headstart” up.

Q From "Headstart” up?

A Yes.

Q And is the library located directly in the heart 

of the Negro or black community?

A It is not exactly in the heart. It is kind of on 

the edge, I would say.

Q On the edge of the community?

A Yes.

Q But it is accessible to the community?

A Yes, it is.

Q Now, Miss McCrary, this branch of the public librar 

has been named after you, is that correct?

A Yes, it has.

Q It is known as the McCrary Division?

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A McCrary Branch, we call it,

Q McCrary Branch?

A That's right,

Q Do you know how your name was chosen for this 

library?

A For a while- it was just the Branch Library, and I 

don't remember what year, it was decided that "Why shouldn't 

we name the library", so Mrs. Purcell, who was then the chief 

librarian, gave the children a chance to submit names for this 

particular branch, and they were turned in to her. I knew 

nothing about it until the judges, who are at the main library, 

came over with the information that the judges had chosen the 

name the children had given and that was my name.

At first it had the whole name up there, the "Clara 

Belle McCrary Branch". That is how it happened.

Q The children selected your name as the one they 

wanted for their library?

A Yes.

Q And how long ago was that, Miss McCrary?

A That I don't know. I would say about ten years ago.

I am not real sure about that.

Q Now, Miss McCrary, you are connected with the Cultura

and Educational Tour Institute, are you not?

A Yes, I am.

MR. MOORE; Would you mark this, please.

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BY MR. MOORE:

.-*42 A.
237

Q And would you tell us what the Cultural and 

Educational Tour Institute is?

A he feel that the children of our, especially our 

race, have not had the cultural advantages that they needed 

to compete with the society of today, and we feel that this 

is a way to enrich and enhance their educational backgrounds

by giving them special cultural training during the summer 

and on Saturdays, so we operate in that manner.

THE CLERK: Plaintiffs' Exhibit for identification

No. 16 is a brochure entitled "Cultural and Educational 

Tour Institute",

(Whereupon, the above document was marked for identification 

only as Plaintiffs' Exhibit No. 16.)

-0-

BY MR. MOORE:

Q Miss McCrary, I show you Plaintiffs' Exhibit No. 16 

and ask you to identify it for the purpose of the record.

A This is a brochure of the Cultural and Educational 

Tour Institute, and in it it has some of the pictures of the 

students tha’t we have been able to work with.

On Page 2 you will see some of the Gainesville 

students who were also included.

Q Some of the Gainesville students?

A Yes. This is a state-wide, in fact, national type

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^ 4 3  A
238

of organization, and it is attended by children whosoever will 

and whose parents can help to bear the expense of it, because 

there are no funds for this program. This is carried on by 

individuals who wanted to contribute a little more to society.

q On the first page it has a picture. Do you see your 

own likeness in that picture?

A Yes, 1 do.

Q All right.

And that is a tour that was conducted through the 

northern states and into Canada to give the children additionc 

cultural experiences?

A Right.

q And are these children of the Gainesville Public

School System?
A Some of them are. Some are from the Atlanta System,

some from Tennessee, —

MR. GUNTER: If it please the Court —

A (By the witness) —  and Alabama.

MR. GUNTER: If it please the Court, I hate to

object. I know we want to save time. But Mr. Moore is 

asking his own witness, the Plaintiff, leading questions 

on practically every question. He is indicating the

answer that she should give.

MR. MOORE: I thought I would just hurry this part

along, Your Honor.

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THE COURT: All right, move along.

BY MR. MOORE:

Q And how long have you been involved in this program, 

Miss McCrary?

A This is the eighth year, I believe.

Q And do you<>hold a position with that organization?

A Yes, inasmuch as I am the assistant director.

Q Of the program?

A Right.

Q Is this program conducted throughout the year and

during the summer?

A On Saturdays throughout the year and then summers.

Q Miss McCrary, are you familiar with the establishmer 

of the Girl Scouts in Gainesville?

A Yes, I am. At least, I am familiar with the first 

Negro troop.

Q Did you participate in establishing the first Negro

troop of Girl Scouts?

A Yes, I did, because I thought, too, that would be 

additional culture for school children.

Q When was that, Miss McCrary?

A That must have been about 1 *+7, also. I remember 

that the Scouts helped to decorate the library when it was 

first opened, so that must have been early in ,!+7»

Q Does the Girl Scout troop also include what is know^

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as Brownies?

0 ^ 5  A.

___________  ___  __ _ 2hQ .... _

A It does.

Q And what age children are the Brownies?

A I believe they are six through nine.

Q Could you tell us whether or not children who are

enrolled there at the Fair Street School, and particularly

in your class, participate in this Girl Scout troop as 

Brownies?

A Well, for your information maybe I should say this 

right now. We are not operating as Girl Scouts. We are 

operating as Camp Fire Girls.

Q

A

As Camp Fire Girls?

Yes. There is some division, and I can't go througl

the details of that of why we changed, but this year we are 

Camp Fire Girls.

Q Does it include the same age group children?

A Yes, and some of the same workers.

Q Is there any educational value for children derived

from their participation in the Camp Fire program and the 

Girl Scout program?

A

Q

Well, it is nationally thought so.

Do you know whether or not there are any other

teachers at the Fair Street School who assist or aid you in 

your Camp Fire Girls work?

A Yes, we do have some of the elementary teachers. I

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3 4 6  A

don't remember whose names.

Q And who are they?

A I was just saying right now I don't remember whose 

names.

Mrs. Whelchel, who is president, is one of the 

major factors in the adult section.

Miss Carr, I believe, Miss Copeland, Miss Williams, 

and possibly one other. I think there are four in all,

Q About how many children do you have in the Girl 

Scout or Camp Fire Girl program?

A You mean all black or in all?

Q All black, and then the total, both races.

A I believe there would be about 500 hundred in all, 

and I would say about a fourth of those, at least, would be 

Negroes.

THE CLERK; Plaintiffs' Exhibit for identification

No. 17 is a contract of employment dated March 7, 1968. 

(Whereupon, the above document was marked for identification 

only as Plaintiffs' Exhibit No, 17.)

-0-

BY MR. MOORE;

Q Miss McCrary, I show you Plaintiffs' Exhibit No. 17 

and ask you to state whether or not you recognize that as 

being your copy of your contract for employment during the 

last year of school?

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A

C P  . 3 4 7 A  C P
- . _ .. _ . _ _ ... . 2k2.

Yes, this is it.

MR. MOORE: We move the admission of last year’s

contract.

THE COURT: Sir?

MR. MOORE: We move the admission of the contract. 

THE COURT: . Any objection?

MR. GUNTER; No objection.

THE COURT: Let it go into evidence.

BY MR. MOORE:

Q Miss McCrary, would you state whether or not your 

contract has been renewed for the school year '6 9-'7 0?

A I don’t have it, so I am supposing it has not been

renewed.

Q Do you know the reason why it has not been renewed?

A No, I don't.

Q Do you allege in your complaint that the reason that

it was not renewed is because of your race?

A That is the only real thing I can see. The other 

things that have been said have no basis, they have no proof

of those things, so I would say that those are opinions, and

the real reason, the one reason I can really say is we are

dropping black students and we are going to drop black teacher

and I happen to be one of those black teachers.

Q Do you know of your own personal knowledge whether 

there are any vacancies in the Fair Street School in the third

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3 4 8 A
243.

and fourth grades?

A May I say according to my principal, the knowledge 

I have, there are some vacancies.

Q Are you ready, willing and able to accept a teachi: 

position in the Fair Street School in the third or fourth 

grades?

A Yes.

Q I didn't get your answer?

A Yes, I would be.

■Q Now, do you have a certification for teaching third

and fourth graders, teaching students?

A For elementary students.

Q Elementary?

A Yes.

Q What is your certification, Miss McCrary?

A t -5.

Q And is that a lifetime certificate?

A Yes, it is, as long as.you keep working.

Q Now, Miss McCrary, do you know Mr. David Mas'sey?

A Yes, I do.

Q Did you see him in the courtroom yesterday?

A Yes, I did.

Q Do you know the position that he holds with the

school system?

A Yes, I do.



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2Mt

Q Gan you tell the Court the number of times he has 

been in your classroom v/ithin the last two years? -

A Well, I will go along with that one time he said 

yesterday for this year, and possibly three during last year. 

Q During 19 6 8?

A '67-'68, yes.

Q Pardon me. '67-'68.

class?

A Well, I'm supposing that he came in to see what 

was going on.

THE COURT: You will have to speak a little louder,

please. I can't hear you,

THE WITNESS: I suppose he was in there to see what

was going on in the field of reading, since he is a 

reading coordinator or reading specialist, whichever one, 

BY MR. MOORE:

Q Do you know how much time he has spent in your class 

how long he stayed there?

A I don't know exactly how long, but a relatively 

short time. I think he mentioned yesterday twenty minutes.

I will go along with that. The other times I would say much

Do you remember the months that he came into your

class?

A I do not.

Q Do you know the reason that he came into your



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less.

Q Much less on the other times?

A Yes.

Q Now, when he came to your classroom in the school

year 19 68 -6 9 and spent about twenty minutes, what were you

doing at that time? ”

A I was teaching, I believe.

Q What subject were you teaching?

A One part of my reading.

Q One part of your reading?

A Yes.

Q And how many parts of your reading do you have?

A Three at the beginning of the school year. In fact.

three until about the third quarter.

Q Explain that to us, what you mean by ’’parts of 

reading1’.

A In the beginning it is a custom of each teacher to 

try to find out where the students are. Usually you will 

find at least three divisions, possibly more, but it is almost 

impossible to split your class up into individuals. So, 

according to a test that we give, and this is one of the 

reading tests that Mr. Massey approves, because he did give 

that same one when he was giving us a workshop, I place my 

students into three different classes: One I teach where they

can do best, the second where I think they can do best, and

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246

the third.

Q In other words, you differentiate according to the 

ability?

A And the needs.

Q And the needs of the teachers —  of the students, 

rather?

A Yes.

Q You say during the first part of the school year 

you sample, you test and feel out the children to find out 

where they fall, is that correct?

A Yes.

MR. GUNTER: I object to the question as leading.

THE COURT: Sustained.

BY MR. MOORE:

Q Would you state whether or not you have any type 

of device for determining the level at which your students 

are?

A This particular thing, test that I have just 

mentioned is one of those,

Q What type of test is that, Miss McCrary?

A Well, we call that -- I do not know the real name, 

but we call it a test for finding out where readers are. I 

don't know. It has been an approved test, but I cannot 

remember what name.

Q All right.

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State whether or not you then divide your children

into three sections?

A Right, I do.

Q And would you state whether or not these sections

represent a differentiation of their abilities and needs?

A Yes. And then you finally find out that you need 

more individual teaching and do it by individuals, also.

Q Nov;, do you do this all at once at the beginning of 

the school year, or is it sort of a phase thing?

A What do you mean? For the different groups?

Q These various processes in formulating a teaching

plan or reading teaching plan and schedules?

A Well, you change -- I mean, I change as I see a

need to

Q

change.

V/ould you state whether or not that is a matter

left to your discretion, left to your judgment?

A Well, I think it should be left to the judgment of

the person who works with the students.

Q How many students did you have in your class last

year?

A At' the beginning I had 26,

Q And how many did you have at the end of the year?

A At the end of the year I had 22. Two of my student;

were sent into the EMR class, two who were county students 

dropped out.

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Q Is EMR Educable Mentally Retarded? 

A Yes.

_ 2 k a

Q Now, do you teach any courses other than reading?

A I teach the whole curriculum for the fourth grade.

Q And what is that curriculum? What is the fourth 

grade curriculum?

A If you want it individually, we call it reading, 

arithmetic, or math, science, health, physical education.

Q Do you teach art? --------- ■— —  

A Art is a part of the curriculum, yes,

Q Is a part.

Is art your responsibility or the responsibility 

of the visiting teacher?

A It is my responsibility during the time that she 

isn’t there.

Q And how many hours a week are reserved for the 

teaching of art?

A Well, that varies, I think. Some weeks we get in 

more art than others.

Q And is there any reason for that?

A Well, I think it varies according to the -- I think 

it varies according to the need in my classroom.

Q How many hours or periods a week did you reserve 

or actually give based on the need of your student for art?

A Beg your pardon?

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Q How much time did you allot based upon the needs of 

your students for art teaching?

A Well, I would say twenty minutes per day.

Q Pardon me? Twenty minutes per day?

A Twenty minutes per day for the most part.

THE CLERK:” Plaintiffs' Exhibit for identification 

No. 18 are phases of art.

(Whereupon, the above document was marked for identification 

only as Plaintiffs1 Exhibit No. 1 8 .)

-0

BY MR. MOORE:

Q Miss McCrary, I show you Plaintiffs’ Exhibit No. 18 , 

and I will ask you would you look at this exhibit and tell 

the Court what it is?

A Yes. These are art suggestions set down by the 

art instructor, Miss De La Perriere. These were sent out 

once a month —  once per month, I believe, with suggestions 

for each week.

Q Did you fpllow those instructions?

A Not entirely.

Q All right.

Was there any reason for that?

A Yes. Because some of my art was correlated with

other subjects.

THE COURT: I didn't hear your answer.

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THE WITNESS: Some of my art, along with most of my

classes, was correlated with other subjects, not just 

per se.

BY MR. MOORE:

Q Would you explain what you mean by that, Miss McCra

A We find a need for art in other classes. Vie do

some art in arithmetic. In most of these subjects, in fact, 

all of them, there is some part that you can do as art, and 

my art, as such, did not always coincide with this. As it 

would fit into my other classes it was correlated.

Q Can you give us an example of how you were able, 

say, to correlate art with other subjects?

A Well, in the -- may I bring to mind this project 

that was mentioned yesterday?

Q. Yes.

A I also have the project material. Would that be 

necessary to show?

Q Yes, if you have the material handy.

A Now, when I say "correlate", this was not suggested

in this art --

q Before you -- let me have that identified so we

will know what you are referring to.

A Okay.

Q Is this it?

A And this one, also.

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356A
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MR. HOOKE: Would you mark these two, please?

THE CLERK: Plaintiffs' Exhibit for identification

No. 19, art drawings.

(Whereupon, the above exhibits were marked for identification 

only as Plaintiffs1 Exhibit No. 19.)

-0-

BY MR. MOORE:

Q Miss McCrary, we have identified this, numbered this 

Plaintiff s'- Exhibit No. 19. Would you identify it and then 

tell the Court how you correlated art with other courses and 

used that exhibit as an example?

A The theme for Fair Street School this year was 

"Communication, The Gateway to Understanding", and there was 

time for a special project. Our class chose to correlate 

transportation with the theme.

We came up with the different types of transportati: 

and this is what I am referring.to as art. It is drawing.

It does not follow this pattern, but, in my estimation, it 

is something that the class was doing that could be considered 

art.

I might also need to say that this is the same 

poster that was —  article, piece of work, that Mr. Ellenburg 

was so disgusted with, and this is the white ribbon he put 

on not because it was this type of work but to keep my kids 

from being disappointed. I don't think he could have done a

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worse disserve to them, because this really is not true.

This is the work that followed our exhibit.

Q Are those drawings by the children?

A Yes, they are.

Q All right.

A Along with”that we have others, and in this we were

trying to show the different types of transportation, and we

had to back it up the different readings that told what each 

of these did, and, in my estimation, this is art correlated 

with other subjects.

Q S o , if I can understand you better, if you were 

teaching reading about transportation, you would ask the 

students to do a drawing to illustrate the particular mode 

of transportation, is that correct?

A If need be.

Q And would you do this same type of thing in other - 

with respect to other subjects?

A Yes. I think correlations is one way of putting 

your subjects together.

Q In your experience as a teacher, did this prove 

to be an effective method?

A It has proven to be an effective method.

Q Could you tell us whether or not it was particularly 

fitted to the needs of the children in your school?

A In my classroom?



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_______________________________________________________________253______

Q Yes.

A Yes, I would say so. -

Q Would you tell us why?

A The object of a teacher is to try to meet the needs 

of her students, and there is no one way that you meet that 

need. You try several ways. You may fail in most of those 

ways, but at least you try them, and out of numerous ways you 

come out usually with something that will help each of the 

students.

I don't think we could say there is any one road 

to education, and that includes reading.

Q Do you recall an incident during the school year 

1968-69 with Miss De La Perriere?

A Well, I didn't recall it as an incident until this

came up. 1

Q Do you remember an occasion when she came to your 

class and you were teaching, using the "decoding for reading"

machine?

A Yes, I do.

q Would you tell the Court what happened, if you 

remember?

A When she came into my classroom I was using the one 

record that we had on, and I don't know what number it was, 

but there was only one set of records, and we made out a 

schedule so that each teacher would know when their time was

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to get this record. At that particular time I was using this 

’’decoding for reading?' record, and there was a number of minut 

to use it and to pass it on to the next teacher.

When she came to my room I explained this to her. 

She went out without telling me she was dissatisfied. I 

didn't know that until later.

Q Did she have any discussion with you at all during 

that time?

A Not' necessarily, only she seemed to have been a 

little bit disappointed because we were doing something else. 

But occasionally we were, because there was no announced 

time for her to come in for art. She came in whenever it 

fitted her convenience, and this particular time it was just 

not convenient for us. She did come back in the afternoon, 

however, and at that time I had no way of knowing that she 

was displeased with the morning's happening.

Q Have you ever had any unpleasant words with Mrs,

De La Perriere?

A No words. That is why I didn’t know she was so

unhappy. _______  ’ _____

Q Have you ever had any words of disagreement with

Mr. Massey?

A No, I don't think so. I don't think we have 

disagreed in words,

Q How would you describe your relationship with Mr.

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Massey?

A Well, in my place, I consider in my place that I am 

—  I was a teacher for the fourth grade students that were in 

my class, that I was responsible for all of their growth, 

and I felt that Mr. Massey, as a reading specialist, was sent 

into the system to help in whatever way he could, and he offer 

his services, and some of those services -- pardon me.

If you would like me to show you the two types of 

things that he brought to me.

Q Yes, I would.

What are these?

A "Language experience in reading" which was supposed 

to be and can be helpful in reading, and the "Skill builder" 

which is a publication about i960, which is also useful.

Q This is from Reader's Digest?

A Yes, this is.

Q The "Language experiences in reading", that is a 

publication of Encyclopedia Britannica Press, is that correct?

A Yes.

q And this is one of the —

A Aids that Mr. Massey brought in to my room.

Q And the Reader's Digest is another aid?

A Yes.

Q "Reading skill builder"?

A Yes.

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256

MR. MOORE: I don't believe that there is any point

in introducing them, Your Honor.

THE COURT: You can go ahead and do what you wish. 

MR. MOORE: All right, if we may, I would like to 

introduce these.

MR. GUNTER: No objection.

THE CLERK: Plaintiffs' Exhibit for identification

Number 20 is a publication from the Reader's Digest. 

(Whereupon, the above exhibit was marked for identification 

only as Plaintiffs' Exhibit No. 20.)

-0-

THE CLERK: Plaintiffs' Exhibit for identification

No. 21 is a manual "Language experiences in reading". 

(Whereupon, the above document was marked for identification 

only as Plaintiffs' Exhibit No. 21.)

-0-

BY MR. MOORE:
Q I ask you to state whether or not, Miss McCrary, 

you used this Exhibit 20, Reader's Digest, in your work?

A Yes, we did.

Q And did you use "Language experiences in reading", 

Plaintiffs' Exhibit 21, in your work?

A At times I found it helpful. 

q And these were received from Mr. Massey?

A Right.



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257
Q All right.

Did you receive anything else from Mr. Massey?

A Those are the two pieces of material that he brought 

in to my classroom.

I would also like to introduce some others that 

were used along with what Mr. Massey brought, just to show -- 

Q All right, these books here?

A Yes, along with some mimeographed work.

And this, may I say, was done by a combination of 

fourth grade classes, not just one class. It was mentioned --

MR. MOORE: Let me identify it before you tell us

what it is.

THE WITNESS: You may identify this list, also. I

didn't bring all of this. I just brought a list of 

many of the things I had as aids in my classroom.

THE CLERK: Plaintiffs' Exhibit for identification

No. 22 is a book entitled "Fun with Language Arts".

MR. GUNTER: Would you repeat that? I could not

hear you.

MR. MOORE: "Fun with Language Arts."

THE CLERK: No. 22.

MR. GUNTER: No. 22?

THE CLERK: Yes, sir.

(Whereupon, the above exhibit was marked for identification 

only as Plaintiffs' Exhibit No. 22.)

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363A. 258

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THE CLERIC: Plaintiffs' Exhibit for identification

No. 23 is a book entitled ’’Uncle Ben” .

THE WITNESS: "New Reading Skilltext Series” would

be important, I think.

(Whereupon, the above, exhibit was marked for identification 

only as Plaintiffs' Exhibit No. 23.)

-0-

THE CLERIC: Plaintiffs' Exhibit No. 2b is "Stories

to Read, Pictures to Color, Games to Play”.

(Whereupon, the above exhibit was marked for identification 

only as Plaintiffs' Exhibit No. 24.)

-0-

THE CLERK: Plaintiffs' Exhibit for identification

No. 25 is a book entitled "Your Child Can Learn to Read.'1 

(Whereupon, the above exhibit was marked for identification 

only as Plaintiffs' Exhibit No. 25.)

-0-

MR, MOORE: Make these all one exhibit.

THE CLERK: Plaintiffs' Exhibit for identification

No. 26, sample tests and fourth grade reading material. 

(Whereupon, the above documents were marked for identification 

only as Plaintiffs' Exhibit No. 26.)

BY MR. MOORE:

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Q Miss McCrary, I show you Plaintiffs' Exhibit No. 22 

"Fun with Language Arts, Games and Devices", and ask you if 

you recognize it as a book used by you?

A That's right. This is a book used in teaching 

language arts, and language arts includes reading, writing, 

spelling and language, and I have a correlation there.

Q And where did you get that book?

A This book is a product of The Instructor Handbook 

Series from Dansville, New York.

Q Was it provided you by the Board of Education?

A No, it was not. This is one of the pieces of

material that I picked up at a convention.

Q At a convention you attended?

A Yes, NBA convention.

Q Would you state whether or not you found that 

book helpful in your teaching?

A Yes, I did.

Q In what way?

A Well, it is what it says, fun with arts, and it

would take a long time to go into just how it helped, but,

in a general' way, that is a helpful aid.

Q I show you Plaintiffs' Exhibit No. 23, "New Reading 

Skilltext Series" and ask you if you recognize it as a book 

you use?
A Yes, I recognize this book, and I also recognize

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o p r  \
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it is somewhat similar to the type of book that Mr. Massey

brought to me. It has some of the same advantages, and it is

an easier book, I would say, for the children to use,

Q Was it provided you by the Board of Education?

A No, it wasn't provided by the Board of Education.

The fourth grade people bought these, a few of the children 

paid for them, and those who didn't we had a book for them.

Q You say "The fourth grade people". To whom are you 

referring?

A The students in the fourth grade under the 

supervision of all of the teachers who were on the fourth 

grade level.

Q Were those the teachers at Fair Street?

A That is what I mean, at Fair Street. When I say

"school" I mean Fair Street School.

Q And would you state the reason for using that 

particular book?

A This book was suggested by our Curriculum Director, 

Mrs. Trawick, and we agreed to get it, and we did.

Q I show you Plaintiffs' Exhibit No. 24, "Help YourseL 

Series, Stories to read, pictures to color, games to play," 

and ask you do you recognize that book?

A Yes. 'This is one I purchased to help my slower 

students.

Q Why is a book like that helpful with slower students

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366A.

A I think they find more things of their own interest 

and more things that they can really accomplish, and poor 

readers need that type of encouragement.

Q Does that book -- does the use of that book develop 

any other educational skills other than reading?

A Yes. You have a number of language art skills in 

here. You have a lot of fun. You have games to play. You 

have words to recognize. You have drawings or colorings 

to do along with some of the skills that a person would need 

in reading.

Q What other language art skills would the use of 

that type of book, the combination of reading, coloring and 

fun things, develop?

A Well, I would say it helps develop the whole child. 

I don’t know just what you have in mind.

.Q All right.

Does it give him facility in speech or writing or

just what?

A I think any type of material like this would aid 

a child in language arts, and that would include the fourth 

grade.

.q Miss McCrary, do you know the reason why the slower 

child needs this book rather than, say, a brighter child?

A As I said before, each child needs something on his 

own level so that he can —  where he can feel he has accompli:

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O  - 3 6 7 A  O
________________________________________________________ _262L____

something. Maybe the child who could not read "Uncle Ben" 

well enough to get any fun or either any benefit from it 

could do a book like this, which is very simple.

Q Now I show you "Your Child Can Learn To Read, A 

Simplified Way to Teach Your Child To Read by the Combined 

Sight and Phonics Method", I will ask you whether or not 

that book —

First, do you recognize that book?

A Yes, I do, as a part of my personal library that I 

use in my classroom,

Q By that you mean that it was not supplied by the 

Board of Education?

A That's right.

Q And for what purpose do you use a book like that?

A For skill-building that children will need in 

reading, and especially the phonics.

Q Would you state for the record just what "phonics"

are?

A In my estimation "phonics" is really the sounding 

out of words, the letters and words.

Q Would you state whether or not the aquiring of the 

skill in phonics leads to the ability to recognize words with 

greater ease?

A I think it is helpful. I don't think it is the 

only aid.

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©~ 3 6 8 A. O
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Q Did you use such an aid in your work?

A Yes, I did.

Q Did you use a book like that, Exhibit No. 25, with 

the slower children or with the children you consider bright, 

or just what level?

A Well, with all children this could be used.

Q Would be helpful?

A Yes.

Q Now I show you Plaintiffs' Exhibit No. 26 and ask 

you if you recognize these sheets of paper, and tell us what 

they are?

A These are from Charles E. Merrill. These are 

lessons —  the word I am trying to think of -- the type of 

work you run off --

Q Mimeographed?

A These are mimeographed copies of selections from

the third and fourth grade levels, and we, as fourth grade 

teachers, decided we needed some of both, and these were 

purchased from our own monies and were run off in the workroom 

at Fair Street School. The school furnished the paper. It 

was this type of extra material that we gave our children 

for help.
Q And what purpose —  what was the purpose of using 

that kind of material? What advantages occurred —  enured, 

rather, to the students?

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3G3A 264

A Well, someone mentioned a dull, uninteresting

class, and I thought this was one way of having a little 

interest, that this is not the type of thing you would have 

to read from the basic text, and the children enjoyed this, 

and it was a teaching aid. So we concluded that this would 

be helpful.

Q Did you ever discuss any of these teaching aids 

that you have just identified in your testimony with Mr. 

Massey?

A No, I didn't, because Mr. Massey did not ask me 

what I was doing.

Oh, yes, with this particular book he did. 

q V/e haven't identified that one.

A It is one other book. Here are some posters I used 

also in my classroom.
This is a list of other things that, if you visit

my room, you will find as aids.
MR. MOORE: Would you please mark these as Plaint if..

Exhibits.
THE CLERK: Plaintiffs' Exhibit for identification

No. 27 is a book entitled "Spelling for Word Mastery, 

Edition No. 3"•
(Whereupon, the above exhibit was marked for identification

only as Plaintiffs' Exhibit No. 27.)

-0-

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265

THE CLERK: Plaintiffs' Exhibit No. 28 is a

handwritten document entitled "Supplementary Materials 

including Phonics",

(Whereupon, the above exhibit was marked for identification 

only as Plaintiffs' Exhibit No. 28.)

-0-

THE CLERK: Plaintiffs' Exhibit for identification

No. 29 consists of five charts.

(Whereupon, the above exhibits were marked for identification 

only as Plaintiffs' Exhibit No. 29.)

-0-

THE CLERK: Plaintiffs' Exhibit for identification

No. 30 is a book entitled "Teaching Word Recognition 

Skills in Georgia Schools",

(Whereupon, the above exhibit was marked for identification 

only as Plaintiffs' Exhibit No. 30.)

-0-

BY MR. MOORE:

Q I am going to show you Plaintiffs' Exhibit No. 27, 

"Spelling for Word Mastery" and ask you do you recognize it?

A Yes, I do.

Q And what is it?

A This book is entitled "Spelling", but included in 

this book, and I brought this one because this is one of the 

ones that I was using when Mr. Massey came into my room, it

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seemed to have been a new thing to him, he was not familiar 

with this book, and I explained to him why I had this oook 

and what I was trying to do.

This book contains short stories, along with 

spelling, that would interest the slow reader group.

At the time he came into my room on this day I was 

using the book that does contain short stories for children. 

I think that short stories are better for the non-readers 

because they can accomplish this better.

For instance, here is one with about five lines, 

and recognizing the words that are on the side and reading t 

story, I find it a help to my slower students, and this is 

why I chose this particular one for them. I have brought it 

because this is one of the ones Mr. Massey has seen used in

my classroom.

q From whom did you get that book?

A This book was at one time a part of the curriculum

for our school. Since that time the basic speller has changer 

but I don't think it is as good as this one.

Q Okay. All right.

I show you Plaintiffs' Exhibit No. 28. Would you

tell us what that is, please?
A Yes. I could not bring all of the material that

I use in my different classes along, so I made a list of some 

of the things I thought were most important and most used and

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371A © 267
some of the things you see here. This is just a list of some 

of it.

Q In addition to the speller that has been identified 

as Plaintiffs' Exhibit No. 27, did you use the speller that is 

currently provided by the Board of Education?

A Yes, I did.°

Q Would you state whether or not you used this 

speller to supplement or to substitute for the speller that

is required at this time?

A' No. That speller was a reading supplement.

Q I show you Plaintiffs' Exhibit No. 29 and ask you 

if you would identify these posters or schematic charts.

A These are what are entitled "Everyday Language SkilL 

For Third Graders". They could be third or they could be 

fourth or they could be lower, because, finding children with 

all levels of reading in your classes, all of them could 

use this type of aid.
These are some of the things that I had on my wall 

constantly so that children would have something to do when 

I was doing something else... that would interest them and that

could be a learning situation.
q What is the advantage of putting charts such as

this on the wall and having them there constantly?

A Well, we hope that by constantly seeing them, and 

they do help, that children help themselves learn.

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Q Is this sort of like teaching"Headstart,! students 

by marking "refrigerator" on the refrigerator at home and 

"stove" on the stove?

A No, this is not quite that simple. I don't have 

any "Headstart" material as such. Mine would run from first 

through fifth or sixth. I only brought this to pertain from 

fourth grade down.

Q Now I am going to show you Plaintiffs' Exhibit No. 

30, "Teaching Word Recognition Skills in Georgia Schools" 

and ask you if you recognize that book?

A Yes, I recognize this book.

Q And from where did you get it?

A This special one came from Fair Street, but I had 

one of my own that I could not find that I used in a reading 

course at Atlanta University, and since that time, within the 

last six years, I would say, we had an in-service course at 

Fair Street where we reviewed "Teaching Word Recognition 

Skills in Georgia Schools", and I have compared this book 

along with the one Mr. Massey brought, anc, if he is familiar 

with this one, I think he would agree that some of the same

things are here.

Q Some of the same material?

____A— — Ye st ------ -------- --_
Q Now, there was mention by Mr. Massey yesterday

that perhaps your class was not properly organized, at least

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373A.
269

on the day that he was there. Would you tell the Court how 

you had your class organized on that day?

A It would be hard to say just how it was organized 

on that day.

I do remember, as I said, I was bade at my reading 

table with this particular book, and the other -- my classrooa 

seats are -- for instance, my desk is -- we will say this is 

the desk, and I have a row of seats out front, and I have a 

row on either side, with my reading table in the back.

At the time he came in I was at the reading table. 

The children had finished whatever I had assigned them to do, 

and they were kind of on their own. I do not think that they 

were noisy enough to disturb Mr. Massey, because they didn't 

disturb me and what I was doing. He possibly thought it was

a disorganized class, because maybe he is not accustomed to

elementary class children and he just doesn't know how they 

operate in a classroom.

Q Did you have a design or a table of organization 

by which to time the free time of your children?

A No. I was at the table, and in that section is 

also my library section, but we were back there, so they

were up front near the board.

Now, just how many of them were up at a time when 

he was there I wouldn't say, because I am not sure, but I

do know it was not enough to disturb what we were doing, and

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374 A ©
270

I don't think in a normal classroom you would call that so 

disorganized.

Q Is that the customary way in which your class 

is operated, or was that just typical for that particular day“i

A No, that was the usual run, because we did not 

expect a guest that day.

Q Pardon?

A That was the usual way, the situation that he found 

in there. It was not just something that happened because he 

was coming. It was just one of the normal courses for that, 

day.

Q Miss McCrary, did Mr. Massey ever speak to you about 

the way your class was organized?

A He did not.

Q Do you class plans, which have been identified as

Plaintiffs' Exhibit 15, do they indicate the way in which 

your class is to be organized?

A My reading classes, you mean?

Q Yes.

A Yes, this is a skelton. I did not write down 

everything I do for my class in the' reading situation. This 

is a token, I would say, of the things that went on in my 

classroom.

q Did Mr. Massey at any time specifically disapprove 

of any plan of organization or class plan that you had provide*

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A Not to me.

As you. can. see, there are different comments on thes 

but just so far as actual disagreement, we had no discussion.

Q Are there any favorable comments by Mr. Massey on 

those reading plans?

A There are some,

Q And would you state whether or not Mr. Massey has

ever specifically disapproved of any plan presented by you 

for the conduct of your classes?

A I don't remember any verbal disagreement,

"q Would you state whether or not you endeavored to 

motivate your students?

A Well, if I know what motivation is, they should 

have been motivated.

Q Pardon?

A If I know what motivation is, I am showing you much 

material that would be used as motivating material.

Q Would you state whether or not you endeavored to 

make the presentation of your class interested and exciting

as opposed to being dull?

A Would you repeat that, please?

Q I said, Would you state whether or not you endeavor* 

to make your class interesting and exciting as opposed to 

being dull?
A Let me say it like this. At all times a. tried to

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2112.

have what I would call a learning situation. Now, you are 

just not going to enjoy everything in education. There are 

going to be some painful parts of it. You can't play all the 

way through it, I don't think. So there may have been some 

things that were not interesting but sorae things that they 

actually needed as basic materials. I wouldn't say it was 

always interesting, but I would say it was a process of 

trying to teach children what they need to know, some of what 

they need to know.

Q What kind of things did your children find that 

were not particularly interesting to them?

A Well, that I don't know, because they never 

mentioned any special things that they thought. Of course, 

there were some things -- sometimes they would rather be 

drawing than doing other things, than doing the thing I though 

was most needful, but, of course, they didn't exactly express 

their resentment to me.

Q Have you had any comments or criticism of your 

teaching by any of the parents in your school?

A Only helpful ones.

Q Pardon me.

A .Only helpful ones.

Q Haye you received any criticism from any members

of the Board of Education?

A Well, I guess at this point I would say only critics



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273

ones.

Q At this point? You mean since you have filed a 

lawsuit?

A Well, I would say before that, because it seems 

that before March the 4th it had been discussed.

Q Pardon.

A It seems that before March, whatever time we hand

out —  not applications —

Q Contracts?

A -- contracts, it seems that before the time that

contracts were handed out I had been discussed, but it did 

not reach me.

THE COURT: I can't hear the witness.

MR. MOORE: The witness said --

THE WITNESS: You didn't hear what I said? I said

undoubtedly I had been discussed critically by the -- 

did you say the Board of Education?

MR. MOORE: Yes, the Board of Education,

THE WITNESS: That is what I am trying to say.

Up until this time I had no knowledge of their critical 

discussion of me,

BY MR. MOORE:
q was there any discussion between you and the Board 

prior to the time that you were notified that your contract 

would be held in abeyance?

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3 7 8 4 G
274

A No, I did not discuss it with the Board.

Q Was there any discussion about your performance in

the classroom prior to March 4th with the Superintendent of

Schools?

A There was no discussion in my presence.

Q Was there any discussion about your performance in

the classroom prior to March 4th with any of the administratis 

staff of the Board of Education?

A No, there was none.^

Q Now, on March 4, 19&9, there was a conference held 

between you —  held with you and Mr. Blakeney, the Superintenc 

Mrs. Evans and Mrs. Irawick, is that correct?

A That was Mrs. Harris.

Q Mrs. Harris?

A And not Mrs. Trawick -- wait a minute, now, what

date did you say?

Q March 4 ,  1 9 & 9 •

A I don't remember these dates.

Q Is that a memorandum you have that you made yoursel:

A No. These are the letters that you have a copy of

already. •

Q All right. And that is what I am trying say. It

would be before -- yes. It says on here March 4th, so that 

was the time. This is a copy of the letters you have.

Q Now, was that conference at the Fair Street School?

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379 A
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A Yes, it was.

Q And was it called by you or called by the Superint<e r

of Schools?

A By the Superintendent.

Q And what time of day was the conference held?

A I would say about 2:30 in the afternoon.

Q And what was the purpose of the conference?

A When I arrived there I learned it was a conference 

to explain that Negro studentS-3^r^Hje4rnfr-4rxuiiied, there _̂wqnl( 

not be need f ortt^s-a-H^~numb-ei1--of-~1rea-chers, that my contract 

was being withheld unt il J.t _could.-.he-seen.*whather„Qr..not I 

would be needed.

Q Was there any mention that you were an ineffective 

or incompetent teacher at that conference?

A Well, now, there were a number of things mentioned 

I thought were not too important and that was one of the 

ones. J
He mentioned the fact that "in selecting teachers 

we want to get those that are most effective", so I presumed 

then that the contracts were gojjag-jsiil̂ to the ones_thj3L_M£!Le
«sSL i . .... ..........................."""■

considered most effecgtlyg*--—
Q In that conference did the Superintendent of School

identify you as a person considered not to be effective?

A He didn't just say it. He implied J Hiat,.—

And I asked him then who would be supposed to judge

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©  . 380A 0
__________________________________________ ____________ 2Z6_____

how effective I could be with the students in my classroom.

Q What did he say?

A Well, to that he answered, as I remember, that 

really no one could really pinpoint this type of thing.

Q Pardon me.

A To my recollection he answered in a way that would 

tell me that he thought that no one could really pinpoint 

just what that would constitute.

Q Did he say anything else?

A Well, I would think that that would be the main 

trend of this conversation.

Q Did you make any reply to that?

A I have just replied to you what I replied to him.

q And is that your complete recollection of this

conversation?

A To the things that are pertinent to this situation, 

I would think, yes.
Q There may be some other things that were pertinent2

A Well, I think for the things that I think would

bear on this would be the things that I have mentioned.

Q Now, you made a memorandum of what this conference

was about, is that right?

A Yes, I did,
Q And are you positive it was on March b-th, 1 9 6 9?

A That the memorandum was made?

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Q

3 8 1 A 277

That the conference was held.

A Yes. It is_here on this, in the letter you have 

Q Now, on March 6, 1969? you received a letter from 

the Superintendent of Schools, is that correct?

A Yes.

Q And is this the letter you received, Plaintiffs'

Exhibit No. 10?

A This is it.

MR. MOORE: This has already been admitted.

BY MR. MOORE:

Q Now, on April 1, 1969? you wrote the Gainesville 

City Schools, the Superintendent, is that right?

A Yes, that is correct.

q And that is a copy of your letter of April 1, 1969? 

Exhibit No. 11? is that right?

A This is it.

Q In which you point out that you received informatio

that there would be vacancies in the school system this year?

A Yes.
Q Now, did the Superintendent reply to your letter, 

and is this his reply, Plaintiffs' Exhibit No. 12?

A Yes, this is his reply.

q Now, following his reply on April 7, 1969, did you 

have any additional conferences with the Superintendent of 

schools?



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3Q2A
278

A Yes, I did.

q When did you have your next conference with him?

A I don't remember just the date of the conference. 

q Do you know approximately how many days it was after

you received the letter dated April 7, 1969?

A I would say it was within a week, but I am not real

sure of the date.

Q And where was this conference held?

A At the Superintendent's office.

Q And who was present?

A The two principals, Mrs. Trawick from Fair Street 

and Mr. Baylor from E. E. Butler, Miss Head, who was a member 

of the E. E. Butler faculty, Deborah Mack, who was also a

member of our faculty, and X.

q Who requested the conference?

A In the beginning it was requested, I believe, by the

Welfare Committee of the local G.T. and E.A.

Q And what was the purpose of the conferences’

A To try to clear up some matters concerning this

correspondence.
Q Do you remember what was said at the conference by 

the Superintendent with respect to the letter of April 7, 19o' 

A Well, we went over this letter almost item by item, 

and it was this letter that was the ground work of our 

discussion.

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383A G

Q What did the Superintendent say with respect to the 

charge that you were an ineffective teacher?

A He repeated just what is on here, because we 

discussed it from this angle.

Q You say he repeated just about what was in the 

letter?

A That's right.

Q Is there anything that you remember that he said 

that is not included in the letter of April 7, 1969?

A Well, I don't think so, in that my discussion was 

based on the material in this letter.

~ Q  Now, since that conference or discussion have you 

had any additional or further conferences with the Super intern: 

of schools or anyone else connected with the school about 

not re-hiring you for the coming school year?

A Only my principal.

Q Mrs. Trawick?

A Yes.
Q And when did.you have a discussion with Mrs. Trawic

A Well, at different times, and I don't remember just

the times.

Q And where was it?

A Usually in the school, at our school.

Q State whether or not the principal offered you

employment?

________________________________________________ 279_____

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280
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280

A You mean offered me a contract?

Q Yes.

A It was her opinion or impression, I gathered, that

there would be a contract since there were vacancies.

Q Did she indicate whether or not she would re-hire

you?

A Yes.

Q Do you know what she said?

A Well, in essence, "We are going to need teachers",

and she had recommended me to be one. She thought my 

contract would be forthcoming.

Q Miss McCrary, would you tell us what the G.T.& E.A.

is?

A Well, it is the Georgia Teachers and Education

Association.

Q And could you tell us whether or not the members

of that Association are Negro or white?

A The majority are Negroes.

Q And do you know the purpose of the Association?

A Yes. It is to enhance education and to protect

teachers of 'the organization.

Q And are you a member of the Association?

A Yes, I am.

Q Nov/, Miss McCrary, I believe that you own some

property in the City of Gainesville, is that correct?



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A

O  38SA ©
281

Yes.

Q And could you tell us where this property is

located?

A When you say "the City of Gainesville", I have to

explain this, that at first my home was not in the city, it 

was on the outside of the city limits, but it has been taken 

into the city limits, so, if you mean that, yes.

•Q Yes.

What street is it located on?

A It is now Holly Drive presently. It was Grape

Street.

Q Pardon me?

A It is now Holly Drive. Before this it was Grape

Street, G-r-a-p-e.

Q And do you know the racial composition of the 

community at this time?

A At the present time?

Q Yes.

A At the present time it is -- the majority -- it is

a white community as a majority. At the time we were out 

there as I was growing up we were the majority.

Q Do you know whether or not there are any other 

Negro families or persons living in that area of Holly Street 

other than in the property that you own?

A Yes, there is another family, two other families.

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©  3 8 6 4  0
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Q Two other families?

A Right.

Q Do both families live on the property you own?

A No. Two other families besides where I own.

Q And I believe you testified that you live on Athens

Street, is that correct?

A Presently, yes, in an apartment on Athens Street.

* <2 Miss McCrary, you contend in this lawsuit that you

have been discharged solely because of your race?

A I see no other real reason.

MR. GUNTER: I object to the question as a leading

question.

THE COURT: Sustained.

BY MR. MOORE:

Q Miss McCrary, would you state whether or not you 

contend in this lawsuit that you have discharged because of 

your race?

A Yes, I do, because -- may I say why?

Q Yes.

A I think I have proof that I can teach. It is the

opinion of some that I cannot. So the only reason I see is

that we are dropping black teachers and I am one of them, 

MR. MOORE; You may examine.

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CROSS EXAM.i NATION

BY MR. GUNTER:

Q Miss McCrary, what year did you finish Northwestern

High School?

A '27.

Q 1927?

A Yes.

Q When did you start teaching at Northwestern School?

A Same year.

Q The same year you finished?

A Right.

Q This was a high school?

A Eleven grades. At that time it was considered

high school.

Q All right.

So you started teaching there as soon as you

graduated ?

A In the fall.

Q All right.
Now, where did you teach after that, in what other

system?

A I taught at Martin,Georgia.

Q In Stephens County?

A Yes.

Q How long did you teach in Martin?

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A

©  3 8 8 A .  ©
28*+

Two years, I believe it was.

Q And do you remember what years those were?

A Well, it was after I finished high school at Clark,

and that was the year 133 ? so it must have been '33, the 

school year of l33_,3!+ and 13*+-,3$> somewhere in that area.

Q All right, when did you go to Clark?

A When?

Q Yes.

A Well, I had had two trips, to Clark, and it is

kind of hard to understand unless I explain.

After I had taught for a while I went to Clark and 

finished the 12th year, which was at that time high school.

Q That was in ’33 ? you think?

A Right.

Q All right.

A And then I taught some more and began attending

summer school at Savannah State, Albany State and Atlanta

University.

In the year '56, then I took a leave of absence 

from Fair Street, and I went back to Clark College and

finished in the Class of '56.

Q In other words, you got your degree from Clark

College in 1956?

A My A. B., yes.

Q Your A. B. Degree?

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389A 285

A Yes.

Q And you had been teaching in the Gainesville System

A Before that.

Q —  some years before that?

A Yes, I had.

Q Beginning in 19^-9?

A Right.

Q Then when did you go to Atlanta University?

A

Q

During the summers as I taught.

And you got a Master's Degree by going to summer

school at Atlanta University?

A Right.

Q How many summers did you go?

A Let's see, I started possibly in '5*+ —  I mean '57,

that was the year after I completed Clark, and I got my 

Master's in '6 3 , so the years in between that.

Q Did you go every summer?

A Not every summer.

Q How many summers did you go to work on your Master's

Degree at Atlanta University?

A Well, I don't know, unless I was looking at it. It

was the number of hours that was required to get a Master's

Degree. In that I might say that I did take some classes

during the regular Atlanta University term, evening classes, 

so that would have to be considered a part of it.



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390A
286

Q So you commuted to Atlanta while you were teaching 

to go to school at Atlanta University?

A On Saturday.

Q On Saturday?

A On Saturday —  Saturday for the morning class and

I believe it was once a week, maybe Wednesday night for the

other class.

Q . All right.

When were you awarded your Master's Degree from 

Atlanta University?

A In the Spring of '6 3 . I finished my work in the 

first semester, but you don't march until spring, so that is

when I marched. ________________— — ------ ' -..

Q Have you been teaching in the same —  how long have 

you been teaching in the same classroom at Fair Street?

A I made a note of that. I am glad you brought it 

up. It has been formerly said that I did not want to move 

when instructed. I am now in my fourth classroom since I 

have been teaching at Fair Street, which means that I move

whenever it is really necessary.

Q My question, Miss McCrary, was: How many years

have you been teaching in the same classroom that you are in 

that you were in this past year? Could you answer that

question?

A Possibly, I would say, from four to six.



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287
Q From four to six years?

A Yes. I am not real sure the time I went into that

room.

Q But you have been teaching in the same classroom 

about six years approximately?

A From four to six.

Q From four to six?

A Yes.

Q Now, you have been very active in community affairs

in your community, have you not, Miss McCrary?

A Well, whenever I have found time and whenever I 

could fit it in I have tried to do my best.

Q You never let your community activities interfere

with your school teaching, though, did you?

A I wouldn't think so. I wish Fair Street would pay 

jjiq for the overtime I have put in, or the Board of Education 

or somebody. I really wouldn't have to work anymore.

But, may I say, it is not at the school s request, 

It is just that I see things I need to do, and I stay there

and do them.

Q All right.
Now, your fourth grade class is the only class that

is _ it is the only fourth grade class that is in that

part of the building where you teach, is it not?

A Yes. For the last two years it has been the only

©  391A

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288

fourth grade.

Q All the other fourth grades are in another part of

the building?

A In another building.

Q All right.

A May I say year before last I was supposed to move.

Mr. Baylor came and said, "Miss McCrary, all the fourth grader 

are going to be in the other building." I started packing u p ,

I have something to tell you." And I was real surprised at 

what he said. "We have filled up down there, so you don’t 

have to move". And I didn't move.

that you were in, did you not?

A Not until he said I wouldn't have to go, because 

I was packing my things to move.

q Well, did you not indicate that you did not want 

to leave that room and that building?

A No, I did not indicate that I did not want to leave

Q Did you ever make a request of Mrs. Travick, after

she became principal, to leave your fourth grade in that room 

in that building?

A Yes, we agreed on it, and she mentioned that 

yesterday.

But later he came back and said, "Miss McCrary

Q You indicated your preference to stay in the room

Q All right.



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3 3 3 A
289

O

Now, how long have you known Mrs. Trawick?

A Since she has been -- well, I knew her before she 

came to our system. I have been personally acquainted with 

her since then, which has been about eight years.

Q About a year?

A About eight years.

Q About eight years?

A Yes.

q So you have known her ever since she has been in

the Gainesville System?

A Yes, I have.

Q All right, she has been principal of the school in 

which you teach for the year '68-'69?

A She has.

Q All right.

Now, has Mrs. Trawick ever been critical of anythin 

that you have ever done in the classroom?

A No, she hasn't.

Q She has never made any suggestions to you as to wha

you should do or should not do?

A Well, I don't know just what -- you are supposed tc 

follow the procedures that the principal lays out. I can't

quite understand what you mean.

Q Well, what I am really asking you, you have been

there a long time, have you not, Miss McCrary?

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A Yes, I have.

Q Do you do things in your classroom and in the school 

building the way you want them done, or do you do what the 

principals suggest that you do?

A I follow along the suggestions of the principals 

just like all the other teachers do.

Q Nov/, do you know of anything that Mrs. Trav/ick has 

suggested to you or not suggested to you that you did or did 

not do?

A I do not recall a thing that she has suggested and 

I did not do it.

Q Do you recall any suggestions that Mrs. Trawick 

has made to you that you carried out?

A That I have carried out?

Q Yes.

A Any special suggestion?

Q Yes.
A I don't remember any special thing she has asked

me to do other than my regular classroom activities,

Q Nov/, Mrs. Trawick did not ask you to move over to 

the other part of the building v/here the other fourth grades

were?
A I think I told you that we agreed on that.

q Now, what do you mean by "we agreed"? I asked you 

if Mrs. Trawick asked you to move the fourth grade over to

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the other part of the building where the other fourth grades 

were?

A Mrs. Trawick did not directly say, "Miss McCrary, 

you move."

Q Did she say —  did she suggest that you move the 

class?

A The conversation came up. I don't quite remember 

how it was.

Q But you indicated to her you preferred not to move, 

did you not?

A Upon agreement with Mrs. Trawick, Mrs. Trawick

said I may stay in my room, and I told her -- that I would no-; 

have to move, and I told her why, and we agreed on that.

Q All right.

Now, the classroom —

A That has not been a bone of contention, I don't 

think. I don't know why it is here.

Q Well, now, in taking your deposition of Wednesday, 

did not Mr. Moore indicate or ask questions about saying that 

you had been isolated from the rest of the school?

MR. MOORE; Pardon me?

BY MR. GUNTER:
Q Do you not recall Mr. Moore asking that question? 

MR. MOORE; Objection, objection, objection.

THE COURT: What is your objection?

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MR. MOORE: Objection, Your Honor. I didn't even

examine this witness in the deposition.

THE COURT: Sir?

MR. MOORE: I didn't examine this witness on

deposition.

MR. GUNTER: This witness was present when you were

asking these questions, Mr. Moore.

THE COURT: Address your remarks to the Court, plea

gentlemen.

What is your objection?

MR. MOORE: Your Honor, I object to asking this

witness about something in the deposition, especially 

when it is taken out of context. I didn't examine this 

witness on her deposition. She made no statement about 

isolation in the classroom at all.

THE WITNESS: That was somebody else's.

THE COURT: Ask your question again.

MR. GUNTER: May I start over? I will tie it up, --

THE COURT: All right, sir.

MR. GUNTER: -- if he wants to object so much about

this.

BY MR. GUNTER:
Q Were you present in my office on last Wednesday,

Miss McCrary, when Mr. Moore asked Mr. Ellenburg, who is the 

Assistant Superintendent of Schools, if the school system had

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— ----- — __________________________________________ __asa._____

not isolated you from the rest of the fourth grade classes, 

were you present when this took place?

MR. MOORE: Objection, Your Honor.

A (By the witness) I --

MR. MOORE: Objection. It is not a proper rendition

of what happened at the deposition that was taken.

THE COURT: Sir?

MR. MOORE: That is not a proper rendition of what

happened at the deposition taking.

THE COURT: He asked her if she was present.

MR. MOORE: But that didn't happen at the deposition

THE COURT: Doesn't the witness know how to answer

that? If it didn't happen, she can say it didn't happen.

MR. MOORE: I think, Your Honor, what happened,

it distorts what actually happened at the deposition 

taking.

THE COURT; I don't see where it would be a valid 

objection. I overrule it.

Go ahead. You can answer the question.

THE WITNESS: If he repeats it and I understand it,

I.will certainly answer it.

V/ould you repeat it, Mr. Gunter?

BY MR. GUNTER:

Q Were you present, Miss McCrary, when Mr. Moore, in 

my office last week, asked Mr. Ellenburg, the Assistant

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Superintendent of Schools, why you were isolated as a fourth 

grade teacher in the Fair Street School from all of the other 

fourth grade classes?

A I was there, but I don't know what Mr. Ellenburg 

meant by "isolated" and that we tried -- somebody tried to 

clear up on that day”what was meant by "isolation". So if 

Mr. Ellenburg would come up and tell us what he means by 

"isolation", I can answer in the right way.

Now, when you say "isolation", if you mean that if 

we were the only third -- fourth grade in there, yes. But 

that was the first year -- heretofore there had been other 

fourth grades in the same building, and, as I have already 

explained, they were moved to the other building, and I was 

not moved because there was not enough room.

Q All right, now, for two years you had been the only 

fourth grade class and teacher in this building in which you 

were in?

A That's right.

Q All right.

A The others were third grade classes.

Q The other classes in there are third grade classes? 

A Third grade, and the kindergarten has a section anc 

the pre-schoolers have a section.

Q All.right.

Now, Miss McCrary, this classroom that you have



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in for six years, a great deal of traffic from the community 

passes by this classroom, does it not?

A Some traffic from the community, but a lot of

traffic from the other higher buildings where girls and boys

come through.

Q All right.

Do you do anything with respect to members of the 

community who are not in school coming into the building,

into the school?

A Yes. And students, also, who don't have any busines

over in our building. When I say "our building" I mean

away from their own classroom building.

Q So you spend a good deal of time at that location

steering pedestrian traffic?

A No, no. You cannot truthfully say that I stand thee

as a guard. I see them, I speak to them and tell them to, 

especially the students, "You go to your class", or, "You 

have no business here, go to your classroom." If they are 

people that I think aren't supposed to be in the school, then

I will ask them to please don t use this as a street.

But I don't have to stand at the door to do that.

My door faces the hall, and I can be almost anywhere in my

room and see people going down our hall.

Q You know practically all the people in that 

community there, do you not?



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Well, I would say most of the school persons and

the persons living near.

Q Now, you heard Mr. Massey’s testimony on the stand 

yesterday, and I believe you, in answering Mr. Moore's 

questions, you said essentially the amount of time that he

spent in your classroom in the year '6 7 - ' 6 8  was approximately

right?

A He didn't mention the time he spent in !67-'68. It

was '6 8- 69 when he said he spent about twenty minutes.

Q Did he not —

A I don't think he mentioned the time that he stayed

in my room at other times.

Q Well, did you not, in answer to Mr. Moore’s 

question this morning, say you thought he came to your 

classroom approximately three times in 1 9 6 7-68?

A Right.

Q And one time, possibly only one time in the year

1 9 6 8-6 9?

A I will go along with that one he said he came in.

Q Do you recall any others?

A I do not.

Q Do you recall ever seeing Mr. Massey in the Fair

Street School on any other occasion other than the one time 

that he came into your classroom in '68-'69?

A Well, he was in our building, I am sure, but he jr

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297
didn't come into my classroom.

Q Did he ever -t

A When I say "building", I am forgetting about the 

isolation, taking the school as a whole.

Q You are referring to the whole school as the one 

Fair Street School? «

A Yes.

Q Did Mr. Massey conduct any in-service training 

programs for teachers that you have attended?

A He did year before last, his first year with us.

Q That would have been in '67-'68?

A Right.

Q Now, do you know how many in-service --

A Wait a minute. One other —  one other night this 

spring, I suppose about a two-hour, maybe an hour, that we 

spent with him, and I suppose you could call that in-service, 

so I will say two times.

q Now, let's go back to '67-'68. How many times in

the year 1967-68, which was his first year?

A You mean how long did he use for this training?

Q How many in-service training sessions do you

remember?
A I don't remember. I think possibly four at least.

Q Approximately four?

A Yes.

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Q Did you attend all of these?

A Yes, I did.

Q What time were they held? In the afternoon or at

night ?

A Directly after school.

0* And you attended all of them?

A Yes.

Q Did all of the other Fair Street Teachers attend

them, so far as you know?

A So far as I know, yes.

Q And how many in the year that has just concluded, 

the school year that has just concluded, how many in-service 

training sessions did Mr. Massey conduct in reading that you 

recall?
A He was a part of a workshop that we had there one 

night. We spent about an hour with him and about an hour 

with Mrs. Green, and about an hour with the speech teacher, 

who was Mr. --

Q You said speech teacher. You mean art?

A Well, there are two speech teachers. I don't

remember his name. V/e have a lady and a gentleman. This wa. 

the gentleman speech teacher.

Q That is my mistake. I'm sorry.

Nov/, you mentioned an in-service training session 

with Mrs. Green. Would you explain to the Court who Mrs.

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Green is?

A Mrs. Green is a language consultant, I guess you

would say

Yes.

Nov;, you know Mrs. Green?

A Yes, I do

Q And Mrs. Green has been in your classroom?

A No, she hasn’t.

0 Never has been in your classroom?

A No.

Q Have you had in-training sessions for instruction

of teachers conducted by Mrs. Green?

A Yes, I have.

Q How many do you recall in the year that has just 

concluded, the school year?

A The one hour that I told you about formerly.

Q She was in the same workshop Mr. Massey came into

and that has been about two months ago?

A Yes. This was one night, and we had a rotation, one 

hour per instructor, so we stayed with Mr. Massey an hour, 

with Mrs. Green an hour, and with Mr. Grant, I believe is the 

speech teacher, for an hour.

Q Now, is that the only in-training program that you 

recall during the year that has just been concluded?

A Yes.



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But Mrs. Green did conduct a workshop in Robert's 

English last year.

Q In what?

A In * 67 - ’ 6 8, Mrs. Green did conduct a workshop in 

what is known as Robert's English.

Q What is "Robert's English"?

A "Robert's English" is a new version of English that 

has been in our system for the last, what, three years, I 

would say.

Q I see.

A And it was a trial in the third and fourth grades. 

It was a trial in the fourth grade for two years, and then 

the system adopted Robert's Rules —  Robert's English, and 

at that time we had a workshop so that she could help us 

try to understand Robert's English.

Q And you cooperated fully with her in doing that?

A Yes, I did. I don't think you will find any abseno

whatever.
... q ••— Now,' what about —  you have mentioned reading and

English and speech. Now, wnat about the in-service sessions 

by the art consultant or specialist, Mrs. De La Perriere?

Do you recall any of those?

A Yes, for about two years or maybe three, two years 

I guess, Mrs. De La Perriere came over every Friday afternoon 

and we, the faculty, would meet Mrs, De La Perriere in the

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* C 5 A
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lunchroom where she would demonstrate the type of thing that 

she wanted us to do for that day.

Q And were all the elementary teachers asked to attenc 

this in-training session?

A Everybody in our faculty,

Q And you always attended?

A Yes, I did.

Q And you cooperated with Mrs. De La Perriere?

A Yes, I did. I think the only thing Mrs. De La Perr:. 

could say against me is that I did not stop my reading class 

at the time she came in, and, as I say, I didn't know that was 

a bone of contention until afterwards.

Q Nov/, you know Mr. De La Perriere —  excuse me, Mr. 

Massey, Mrs. Green and Mrs. De La Perriere, you know them?

A Yes, I do.

Q Miss McCrary, do you think that these three people 

are prejudiced against you because you are a Negro?

A I don't know. I don't know what their reasons are 

for what is being done.

Q Do you think that their evaluation of you would be 

based on the fact that you are a Negro?

A Possibly Mrs. —  the art teacher, because I can't 

see where she would feel that much one way or the other.

I kind of, and maybe this is my opinion, but in 

the field of reading, Mr. Massey is a white coordinator, and

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A C S  A
_302_

I am a black teacher. Mr. Massey could seemingly not 

understand why I did not see a need to follow, I suppose, and 

may I say this, if I had seen a book by Mr. Massey with 

instruction as to how to go, I possibly could have followed, 

but in what he has put on my lesson plans, it gave me no 

indication that there was only one way and that was the way 

that he suggested reading.

. '  Q Nov/, Miss McCrary, yesterday you heard Mr. Moore 

ask Mr. Blakeney if race relations are not good in this 

community.

A I thought they were.

Q Nov/, you have used the past tense. You say you 

thought they were?

A Yes, I did.

Q You do not think so now?

A Well, at present I wonder.

Q And on v/hat do you base that?

A On the same thing that has happened right now.

Q On what has happened to you?

A That's right. I mean, this one of the -- one of 

the examples I could think of.

Q Now, in answering one of Mr. Moore's questions you 

said that Mr. Massey possibly did not know how elementary 

students should act in the classroom. Do you believe he does 

not know how elementary students should act in the classroom?

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A C 7 A

A Being a coordinator of reading, I could picture him

maybe not exactly being familiar with the classroom.

Q You do not know whether or not Mr. Massey has ever 

done any classroom teaching, do you?

A Not with young people. I mean, I don't know whether 

he has had elementary people or not. I know Mr. Massey said 

he has taught, but I do not remember that he said he taught 

in the elementary part.

Q It would be your opinion that Mr. Massey does not 

know how elementary students should act in the classroom?

A Well, I wouldn't say that. I didn't say that he 

did not know how elementary children should act. I think 

maybe I said that he did not know the situation in my 

classroom.

q Now, I want to come down to the time that you first 

were advised that you would not be re-offered a contract for 

the next school year. Do you recall when you first learned 

this?

A I will never forget. The 4th of March.

Q The 4th of March?

A Right.

Q And someone in the Fair Street School, the secretary 

called you and asked you to come to the principal's office?

A Yes.
Q Did you know what the purpose of the meeting was

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408A f )

for at that time?

A No, I did not.

Q Now, Miss McCrary, you have an EMPLOYEE'S HANDBOOK 

that is put out by the Gainesville Board of Education?

A Yes, I do.

Q And you know by the requirements of the Board of 

Education that you had to be notified by March 10th each year 

whether or not your contract was going to be renewed?

A Yes. ♦

Q Now, when Mr. Blakeney came to talk to you, did you

understand it was because of the rules of the Board of 

Education that if your contract was not going to be renewed 

that you had to be told?

A I think I told you earlier that Mr. Blakeney said 

that my contract was being withheld, and, to me, there is a 

difference between it being withheld and not getting an offer 

of one.

Q Excuse me. I will use this word from now on.

Mr. Blakeney advised you that your contract was 

being withheld?

A Yes, he did.

q And the rules require that a teacher be notified 

that her contract is to be withheld on or before March 10th 

in each year, don't they?

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remember that particular word in the handbook.

Q Well, you make a vast distinction between a contrac; 

being withheld by the Board and a contract not being renewed 

by the Board?

A A contract not being offered.

Q A contract not being offered by the Board?

A Right.

Q This makes -- you see a vast distinction between 

these two things?

A Yes, I do. In my estimation, if a contract is not 

to be renewed, then you know that that is the end. If a 

contract is being withheld, then, to me, withheld means at 

a later time something could happen.

Q Well, would this not be true also, Miss McCrary, 

if a contract was not renewed?

A Renewal did not come up.

Q All right, what exactly -- where was this conference

held on March b-th?

A In Mrs. Trawick's office.

q In Mrs. Trawick's office?

Mr. Blakeney, the Superintendent of Schools, was

present?

A Yes, he vras.

Q And Mrs. Harris, another teacher in Fair Street 

School, was present?



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A Yes, she was.

Q Did Mr. Blakeney tell you at that time that your 

contract was being withheld?

A Yes, he did.

Q Did he tell you why?

A He said that there were too many contracts —  I 

mean, that since there would be a reduction in students, 

that they would not need as many teachers and that he could 

not issue contracts unless he was sure that there would be a 

position, because the Board of Education would have to honor 

the contract, that is, I am supposing whether you taught or 

not, if you had a contract, you v/ould be entitled to pay, 

so he was withholding those until the others were returned 

to see if there was a need for more teachers.

Q Did he tell Mrs. Harris the same thing?

A Well, now, I was talking with Mrs. Harris last 

night, and, undoubtedly, the words he said for one was for 

the other, and she said she had not had any other conversation

Q Now, he told you that, in effect, you were not as 

effective a teacher as others whose contracts were not being 

withheld?

A He implied that, yes.

Q Now, what do you mean "He implied that", Miss McCraJ: 

What did he say? Do you remember exactly what he said?

A Well, what does this letter say? Something about

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as effective, and I always have to look at it, because I am 

confused about what "ineffective" and "effective" means.

"I explained to you at that time I could not 

personally evaluate your effectiveness because I had not 

supervised you that closely. However, the evaluation of those 

who had observed you -closely through the years indicated 

that you were not as effective as others which we retained."

Q This is what he wrote to you in a letter subsequent!

A Beg your pardon?

Q I said, this is what he wrote you in a letter

after March 4th?

A Yes.

Q But on March 4th he said —

A The same thing.

<2 -- essentially the same thing he put in the letter?

A Right.

Q And there was no misunderstanding this, was there,

Miss McCrary?

A Maybe not with you, but to me, yes. I still don't 

understand what he means by not being effective, and I had 

hoped to get some proof, but I still don't have any proof of 

this non-effectiveness. 1 have opinions, and you have 

heard opinions, but, so far as facts, I haven't seen them.

Q Your opinions are very objective, are they not,

Miss McCrary?

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A At this point I can't say that they are.

MR. MOORE: Objection.

THE COURT: What is your objection?

MR. MOORE: I think that is argumentative, Your

Honor, that her opinions are not very objective.

MR. GUNTER: I say "Your opinions are very

objective, are they not".

THE COURT: I don't think that it is necessarily

argumentative. I overrule the objection.

Go ahead.

BY MR. GUNTER:

Q Is your opinion a very objective opinion, Miss 

McCrary?

A May I say at this point that I am not sure, that I 

have told you what I have, my honest opinion, and I will 

leave you to say whether or not you think it is objective 

or subjective.

Q Now, after Mr. Blakeney talked with you -- is it 

Miss Harris or Mrs. Harris?

A Mrs. Harris, who has been teaching in the Fair 

Street System longer than I, really.

Q After he talked with you and Mrs. Harris, he told 

you both essentially the same thing, did he not?

A Well, you know, until last night I thought maybe 

he had had some conversation with her before, but she said he

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413A
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did not begin his conversation until I got there, and, inasmut 

as he didn't say any more, I am assuming that he meant the 

same thing for both of us.

Q Is Mrs. Harris going to school this summer?

A I understand she is.

Q Did she tell you last night whether or not she is 

being offered a conditional contract provided she did certain 

work?

A She told me she did not have a contract.

Q Could you answer my question?

MR. GUNTER: Would you read the question back?

REPORTER: "Did she tell you last night whether or

not she is being offered a conditional contract provided 

she did certain work?"

A (By the Witness) Her words to me were that under 

the suggestion or with the suggestion of Mrs. Trawick that 

she had gone to summer school. She did not say whether or 

not a contract had been offered if she did thus and so, but 

she said she did not have one, and I believe I would be 

correct in saying that she had not talked with Mr. Blakeney. 

She's only taking Mrs. Trawick's suggestion going to summer

school.
Q Well,'is it not necessary for her to be certified

in some other field?

A I don't know.

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Q She did not talk to you about teaching pre-school

children?

A She did not. She said she had not been offered a 

contract, so I am assuming that she really doesn't know what 

she is going to do.

Q Now, after Mr. Blakeney talked to you and Mrs. Harris 

what did you do, Miss McCrary?

A I think that was like a week-end, and I didn't do 

anything that week-end, and the next week I began to discuss 

it with Mrs. Trawick.

Q You got a letter from Mr. Blakeney within a few 

days after your conversation with him?

A Yes. I think Mrs. Trawick got one, too, so she 

knew what the discussion was about,

Q All right, now, you got a letter from Mr. Blakeney 

in accordance with the rules of the Board where you have to 

be notified, did you not?

A Yes.
Q What was the date of that letter? Do you remember?

You had a copy of it there.

A I don't remember, but I'll see.

Now, which one do you want?

Q The letter that Mr. Blakeney wrote you stating 

A This is March the 6th.

Q March the 6th. This was two days, then, after you



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had had your conversation with him?

A Yes, it was.

Q, All right, what did you do

letter?

311

after receiving that

A After receiving this letter?

Q Yes, of March the 6th?

A At the time I didn't do anything, because I was 

taking what he had said that there \would be a reduction in 

teachers so there would have to be a reduction in staff, that 

he was not offering contracts uhtil he was sure of a place 

for people to teach, so I did not do anything except just 

wait.

Q All right, You did not go to the Board of Education 

at all?

A No, I didn't, because I saw on reason to go to 

the Board of Education to tell them that he was withholding 

my contract.

Q Do you know who authorizes contracts in the 

Gainesville City School System?

A Well, I think I have heard enough now to know that 

the Board of' Education, the staff members —  I mean who 

decides who has it and --

Q Do you know who has the final authority?

A

Q

The principal -- the superintendent, I would say. 

The superintendent has the final authority?



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A That is the way I see it, yes. 

Q All right.

You think the Superintendent is the one who has 

discriminated against you?

A I can't say he alone insomuch as he has other people 

on his staff who he recommends as part of his decision.

Q In any event, you made no request of anyone to 

appear before the Gainesville City Board of Education?

A As I said, I saw no need to at that time, not withir. 

the ten days, or whatever the number of days this is.

Q All right, then, Miss McCrary, then what did you do"

A I didn't do anything until I received the newsletter

Q When did you receive the newsletter?

A There is a copy of it in the file.

Q Approximately?

A Well, it was after this, and I don't know just when 

that was.

Q The latter part of March?

A He will give us the date.

(Whereupon, Mr. Moore handed a document to the witness.)

A (By the Witness) March 21.

Q All right, after you received the newsletter what

did you do?

A I wrote a letter to Mr. Blakeney.

Q And what was the date of your letter to Mr. Blakeney



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41? A ©
313

A

©  . 4 1 ?  A ©
313

I don't remember the date of my letter. I remember

the date of his reply. I don't have a copy of —

Q V/hat was the date of his reply to you?

A April the 7th.

Q So you wrote a letter to Mr. Blakeney prior to

April the 7th?

A Right.

Q What did you request of him in that letter?

A The essence of my letter was, inasmuch as there

were vacancies now and that ray contract was being withheld, 

which I thought meant later on their may be some chance, 

that I would like to receive a contract.

Q Now, did you go talk to Mr. Blakeney after writing

him that letter?

A I didn't talk to Mr. Blakeney. I talked to my

principal, Mrs. Trawick.

Q Talked to Mrs. Trawick?

A I think I told you earlier we discussed the

contents of this letter. So, if you mean that, then I 

talked to him.
Q Well, I am trying to establish the time sequence, 

Miss McCrary.
Did you have a conference with Mr. Blakeney about 

this before your letter -- I mean his letter to you of 

April the 7th, that you recall, or was your conversation witl



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Mr. Blakeney after his letter to you of April the 7th?

A His conversation was after the letter, because I

asked him to explain what he meant by what this letter said.

Q All right.

Nov;, I want to pinpoint, if we can, when you had 

the conversation with Mr. Blakeney and who was present after 

April the 7th, 19 6 9?

A Does it refer to it in this letter?

Q I am not sure.

A What do you want?

Q You had a conference with him after the letter of 

April 7th?

A Right.

Q Now, do you know approximately when this was? Was 

it a v/eek after that?

A I would say it was within the same week. I am not

sure.

Q Within the same week of the April 7th letter?

A I am supposing this. It would be about that time.

Q And how was this conference arranged? At your 

request?

A I think I told you earlier that the welfare committs 

of the local G.T. & E.A. had been in constant contact with 

Mr. Blakeney.

The local welfare committee of the Georgia Teachers

y V ^

Q



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and Education Association had been in constant contact --

A We call ours the local G.T.&E.A. and we have a 

Welfare Committee, and when I say "our" I mean the people that 

teach in Hall County and the Gainesville System. This is wha"; 

we call "Our G.T.&E.A.".

Q You say that that Welfare Committee had been in 

constant touch with Mr. Blakeney?

A They had been in touch with Mr. Blakeney, and it 

was through them that this meeting was arranged for this -- 

for that particular afternoon, whatever date that was.

Q All right, you did not request the meeting, then, 

or did you request it through —

A Through the organization, yes.

Q Through the Welfare Committee of the local G.T.& E.A

A Right.

Q Now, why did you not call Mr. Blakeney directly?

Did you feel like he wouldn't talk to you?

A Well, that is what our Welfare Committee is for, 

why the Welfare Committee began to be in action.

Q So do you think that Mr. Blakeney would have had 

a conference with you and talked with you about it had you 

called him directly?

A I had contacted him through letters. Otherwise,

I had not.

Q All right, who was present at your conference



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316
arranged at your request through the G.T. & E. A.?

A Those members I have —  I have told you about the

people already.

Q Not today?

A Yes, today. I said Mr. Baylor, Mrs. Trawick, Miss 

Head, Mrs. Mack and myself.

Q All right, the G.T.& E.A. committee was not present

then?

A No.

q It was only arranged by the G.T.& E. A. committee?

A Right.

Q All right.

Now, what was discussed at this meeting?

A This letter.

Q And what did Mr. Blakeney tell you with respect to 

your case?

A Mr. Blakeney just explained again what the letter

said.
I told him I didn't understand what the letter was - 

I mean, I didn't understand this letter, and he tried to 

inform me what he meant by what he said in the letter.

Q Did you know at that time that your contract was 

still being withheld?

A Well, I hadn't received it, so I suppose it was 

still being withheld.



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A

Q Did you know by then that you were not going to be 

re-offered a contract?

A I was almost certain then, unless something changed, 

that I would get no contract, which it didn't seem to do.

Q Now, did he essentially tell Miss Head the same 

thing he told you?

A Well, our cases are a little bit different, so it 

would not be exactly the same.

Q Do you recall -- you were present when he told Miss 

Head about her case?

A Well, I was not concerned -- I was selfish, I was 

more concerned with my own, and after that it didn't make 

much difference what he said to Miss Head.

Q So you don't recall anything that Mr. Blakeney told 

Miss Head?

A I couldn't pinpoint it. It would all be "I think" 

or "I suppose", and that isn't necessary.

Q Now, what did you do after that, Miss McCrary, aftei 

this meeting?

THE COURT: How much longer did you anticipate your

cross-examination will take, Mr,. Gunter?

MR. GUNTER; I think it will take at least another 

thirty minutes.

THE COURT: All right, let's take a recess. I don't

like to interrupt the examination, but I think we had



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422 A
318

better take a recess for about fifteen minutes.

(Whereupon, Court was recessed at 11:25 A. M., reconvening 

at 11:45 A. M.)

- 0 -

AFTER RECESS

THE COURT: All right, Mr. Gunter.

- 0 -

MISS CLARA BELLS MCCRARY,

Having returned to the stand, testified as follows:

CROSS EXAMINATION (Continued)

BY MR. GUNTER:

Q Miss McCrary, after your conference with Mrs. 

Trawick and Mr. Baylor and Mr. Blakeney and yourself and Miss 

Head, what did you do after that?

A You mean what was the next step I took about this?

Q Yes.

A I went to my G.T.& E.A. organization.

Q Your local G.T. & E.A. organization?

A This was the State G.T.& E.A. organization.

Q All right.

Now, did you make the contact yourseif, or did 

your local G.T.& E.A. unit. Whom did you make contact with? 

A The local G.T.& E.A. made the contact, I think.

Q With whom?

A With the state officials.



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W 3 K

319

Q With the state officials?

A Dr. Tate is the Executive Secretary. Mr. 3yas is 

his assistant.

Q Dr. Horace Tate?

A Yes, sir.

Q And Mr. Ulysses Byas?

A Right.

Q Now, how was this contact made? Do you know?

A It was through the 'Welfare Committee, so I don't

know.

Q You don't know whether it was by telephone or in 

writing?

A No, I don't.

q Did you talk with Dr. Tate in person about this?

A Yes, I did.

Q When was that? Do you remember? 'Was it in April?

A Let's see. Again I would have to refer to the 

letters to see what date it was I got the letter. But you 

have one of the same date, and it was after that conference, 

I mean after the -- it was after the conference with Mr. —

Q With Mr. Blakeney?

A —  with Mr. Blakeney that I went to Atlanta.

Q You went to Atlanta.

Did you talk with Dr. Tate in his office in Atlanta? 

A Yes, I did.



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424A O
3.20

Q Who accompanied you? Who went with you?

A Miss Head, Mrs. Whelchel, who was the chairman at 

that time of the -- president of our organization, and Mr, 

Pryor,

Q Mr. who?

A Pryor, who is the counsellor at Fair Street School. 

Q And the four of you went to Dr. Tate's office in

Atlanta?

A Yes, along with, I believe, Mrs. Mack was along 

with us.

Q Mrs. Mack?

A Yes, I believe she was,

Q What did you tell Dr. Tate on this occasion?

A I showed Dr. Tate the correspondence I had had with

Mr. Blakeney.

Q Did you tell Dr. Tate that Mr. Blakeney had told 

you that you were a less effective teacher than other teachers 

in the system?

A I showed him these letters.

q You showed him the letters?

A Right.

Q And you, of course, told him that you thought that 

your contract was being withheld because you were black or a 

Negro?
A I don't see any other reason. I come back to that

/



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425A

again.

Q But this is what you told Dr. TateV

A Yes, I did.

Q Now, v/hat next transpired that you did in connection 

with this lawsuit that we are trying today?

A After my meeting with the G.T.& E.A., then we 

employed a lawyer.

Q All right, v/hen was this? Do you recall?

A I don't recall, but it was possibly the week

following.

Q The v/eek following your conference with Dr. Tate?

A Right.

Q Whom did you employ?

A Attorney Peter Rindskopf. He is an associate of 

Mr. Moore.

Q He is an associate of Mr. Moore?

A Yes.

Q Who went with you to employ Mr. Rindskopf?

A No one.

Q You v/ent by yourself?

A To his office, yes.

Q To his office.

Who met you there?

A Mr. Byas was there?

Q Mr. --

________________________________________________ 321____



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......... ................................................ .. 222______
A Mr. Byas was there,

Q Mr. Ulysses Byas?

A Yes, sir.

Q And Mr. Byas is the former principal of the E. E. 

Butler School?

A Yes, he is!

Q And he left E. E. Butler School, he left the 

Gainesville School System to accept employment with the Georg:. 

Teachers and Education Association?

A Well, I couldn't say that he left to do that, but 

I know that is what he is doing now.

Q Well, his next employment was with the G.T.& E.A.?

A It is at present,

Q After leaving the Gainesville School System?

A That is what I understand.

Q Who else was there besides you and Mr. Byas in Mr.

Rindskopf’s office?

A Miss Head.

Q Miss Head?

MR. MOORE: Your Honor, I think this goes into the

area of privileged matter, what transpired in a lawyer’s 

office.
THE COURT: I don’t believe he has gotten to the

point of any confidential relationship. I would agree 

with you, as far as any conversation between attorney



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U 427A 323

and client, that would be privileged.

I believe he is asking about who was present and whc

was there. That would not be privileged per se.

MR. MOORE: All right. I withdraw the objection,

Your Honor.

BY MR. GUNTER:

Q You and Miss Head did not go together?

A Yes, we were together.

Q I thought you met each other there?

A No. She at that time was at Gainesville. School 

hadn't closed at that time, and Miss Head was in Gainesville.

Q Didn't you tell me last Wednesday that you did not 

go together? My recollection is that you told me last 

Wednesday that you and Miss Head did not go together.

A We did go to Atlanta together. I don't know that 

you asked whether we went from Gainesville, did you?

Q That was my recollection. But I am trying to 

correct my understanding. That is what I am trying to do, 

Miss McCrary.
A Well, I am telling you what actually happened.

Miss Head and I went from Gainesville to Atlanta together.

0 And met Mr. Byas at Mr. Rincskopf's office?

A Right.

Q And this was some time in April or early May, 

approximately?

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324

A Yes, I would say so.

Q Now, then, did you later have a conference with 

either Mr. Rindskopf or Mr. Moore concerning the filing of 

the lawsuit?

A Yes, I did.

Q And you, of course -- did you tell your attorneys

that you felt like you were discriminated against because of 

your race?

A Yes, I did.

Q And that that was the only reason for you not being 

offered a contract?

A Well, I showed them these letters which they could 

take for what they were worth.

Q Did you mention to them that Mr. Blakeney had on 

March 4th told you that you were one of the least effective 

teachers in the system?

A Yes. It was stated in the letter, also, so they 

knew about it.

q Now,, do you recall when this conference was with 

your attorneys? Was it --

A I did not put down any dates. From now on I will 

put down dates so I will know v/hen things happen, along with 

some others around here should put down some things, too, so 

they will know.

q Miss McCrary, you told rne last Wednesday when I was

/̂ V  A



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asking you questions that you met Saturday a week ago with Mr 

Moore for the first time, except on the occasion when the 

firm was employed. Do you recall more than two meetings with 

Mr. Moore or Mr. Rindskopf in Atlanta?

A Well, maybe I should say at the initial meeting onl 

Mr. Rindskopf was there. Mr. Moore was not there. I met 

Mr. Moore on the second trip.

Q And on the second meeting you met Mr. Moore?

A Yes, I did

Q Nov/, do you recall more than the two meetings with 

your attorneys prior to the trial of the case?

A No, no,
Q Now, Miss McCrary, the Georgia Teachers and Educate 

Association entered into the contract of employment with thes 

attorneys for you, did it not?

A Beg your pardon?

Q The Georgia Teachers and Education Association

is going to pay the attorney^ fees to your attorneys?

A You have the wrong organization. Ours is G.T.& E.A. 

You said Georgia Teachers. You are speaking then of the 

other one, are you not? We are G.T.& E.A.

Q Yes.
Well, that is what I am asking. The G.T.&E.A. 

is going to pay your attorney^ fees to your attorneys in 

handling this lawsuit for you?



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4 3 0 AQ
326

A I hope so.

Q Is that your understanding?

A They have —  I don't think they have said it to 

that effect, but I certainly hope they will be in there,

Q Well, you did sign an employment contract for your 

attorneys to represent you in this case, did you not?

A Yes, I suppose when you sign something —

Q And did the G.T.& E.A. sign the contract with you?

There is nothing wrong with it, Miss McCrary. I 

just want to find out if this is a fact?

A The fact is that I signed this piece of material 

when I went to the office of the attorneys. We did not enter 

in, and I guess you think this is strange, who was going to 

pay.
q That's never been discussed, who was going to pay 

the attorneys' fees?

A But I believe that the G.T.& E.A. will stand behind, 

and when I say "stand behind", I hope they will stand behind 

until I can get the pay, if I don't have it.

MR. GUNTER: No other questions.

THE COURT: Do you have any further questions?

MR. MOORE: Just one question,

Mr. Pressley, would you mark this, please?

THE CLERK: Plaintiffs' Exhibit for identification

No. 31 is a photostatic copy of "Newsletter, Gainesville



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City Schools" dated March 21, 1 9 6 9.

(Whereupon, the above document was marked for identification 

only as Plaintiffs' Exhibit No. 31*)

-0-

RE-DIRECT EXAMINATION

BY MR. MOORE:

Q Miss McCrary, I ask you if you recognize Plaintiffs 

Exhibit No. 3 1 , captioned "Newsletter, Gainesville City School 

as being the newsletter to which you referred in your cross- 

examination by Mr. Gunter?

A Yes, this is it.

Q And on Page 3 is there information pertaining to 

vacancies in the school system of the City of Gainesville tha: 

you referred to in your cross-examination?

A Yes, I did. I mean, this is the information.

MR. MOORE: Thank you. There are no further

questions of this witness by counsel. Does the Court 

have any questions, Your Honor?

THE COURT: Do you have any further questions, Mr.

Gunter?

MR. GUNTER: No questions.

THE COURT: I have no questions.

MR, MOORE: We would like to move the admission

of Plaintiffs' Exhibit 31.

THE COURT: Any objection?



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432.4

MR. GUNTER: No objection.

THE COURT: Let it go into evidence.

MR. MOORE: You may come down, please. Leave all

these up here. Take these and this and that.

THE WITNESS: What shall I do with my project? You

want that up hete, too?

MR. MOORE: What is that?

THE WITNESS: What shall I do with my project?

MR. MOORE: Oh. The project is in evidence now.

(Whereupon, the witness was excused from the stand.)

-0-

MR. MOORE: The Plaintiffs call as their next witnes

Miss Rosa Head.

THE CLERK: Miss Head, if you will take an oath,

please.
The evidence you shall give in the issue joined 

between Rosa A. Head and others and R. D. Blakeney, 

individually and as Superintendent of Schools, and others 

shall be the truth, the whole truth and nothing but the 

truth, so help you God?

MISS HEAD: I do.

CLERK: Just have a seat, please.

______________________________ _____ ___________ 328_____

/ '

-0-



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4 3 3 A

Called as

329

MISS ROSA A. HEAD,

a witness, after having first been duly sworn,

testified as follows:

DIRECT EXAMINATION

BY MR. MOORE:

Q Would you state your name, please?

A Rosa A. Head.

Q Miss Head, during the year 1968-69 were you

connected with the Gainesville City Board of Education?

A Yes.

Q And what was that connection?

A I was employed as a teacher of Commercial courses

at the E. E. Butler High School.

Q And when did you first begin your employment with

the Gainesville City School System?

A Well, I started working in 1966, August of 1966, 

but earlier I had come up for an interview, and that was the 

time when I signed my contract.

Q How many years have you taught at the E. E. Butler

School?

A

Q

Well, I have just completed my third year. 

And have you always taught in the field of

Commercial Education, Business Education?

A Yes. But two of the years that I have been teachin 

at Butler I have taught two other courses outside of my area.

U S *



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Q What courses have those been?

A They were English both times.

Q And how many classes in English did you teach?

A One class the past year and one class the year befo

last.

Q Miss Head, what is your educational background?

A Well, I have a B.S. Degree in Commercial —  in 

Business Education from the Ft. Valley State College.

Q Is that in Ft. Valley, Georgia?

A Yes.

Q Have you done any post graduate work?

A Last summer I attended the Business Gregg Methods

Conference at Georgia State College in Atlanta for which I 

got three hours credit towards a Master's Degree.

Q Miss Head, what subjects do you teach in the 

Commercial Education field?

A You want to know what courses would I be qualified

to teach?

q Yes, what courses do you teach as a teacher of 

Commercial Education or Business Education at Butler High 

School? What did you teach?

A Well, the very first year I taught Typing I, 

Secretarial Office Practice and Typing II. That was the 

first year.
The second year I taught Typing I, Typing II,

/ 3 /



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331
Dictation and Transcription.

The past year I taught Typing I and a course in

English.

Q Miss Head, do you know Miss Rosalind Carter?

A Yes.

Q And who is.she?

A She is one of the. other -- she is another teacher 

at Butler High School who teaches Commercial courses.

Q And is she a member of the Negro or white race?

A She is a Negro.

Q And —  strike that.

Has she been teaching Commercial Education at Butlet

High School longer than you?

A Yes. She had already been employed when I came

there. She was already working there,

q Do you know how much longer that was?

A No. But it is approximately seven or eight years.

Q Do you know Mrs. Peggy Glass?

A Not personally, but at one of the in-service meetir.j

I met her.

Q And who is she?

A She is one of the Commerical Education Teachers

at Gainesville High School.

Q Do you know her educational background?

A No, I do not.



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Q Do you know how long she has been teaching?

A No, I do not.

Q Do you know Mrs. Presnell?

A No, I do not know her.

Q Have you ever had occasion to meet her?

A No, I haven't.

Q All right.

Do you know whether or not any of the teachers who 

teach Commercial Art -- strike that —  who teach Commercial 

Education, Business Education in the Gainesville City School 

System have less experience than you?

A Yes.

Q Who is that teacher?

A Mrs. Presnell.

Q Mrs. Presnell?

A I recall that, I recall the first or second year

I was in the system, we had this in-service meeting, and we 

had group meetings, if you were in Business Education you 

would get with other teachers that taught these particular 

courses, and this is the opportunity I got to meet the other 

persons in Commercial Education.

At this particular time there was a man and a lady. 

This Mrs, Glass was there, and there was a man there, but 

I understand later they have two ladies now.

Q You say there was a man teaching?

c/ii



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A Yes, a man and a lady.

Q Do you know his name?

A I don't recall his name.

Q Was he a black man or a white man?

A He was a white man.

Q And did you understand that he was teaching 

Commercial Education?

A Yes, because we had some discussion.

Q And where did this meeting take place, this in-serv 

meeting take place?

A The meeting itself took place at Gainesville High 

School,

Q Gainesville High School?

A Yes.

Q How frequently did you have these meetings, these 

kinds of meetings, rather?

A Well, there wasn't a set pattern. This is the only 

one we have had since I have been in the system.

Q And when did you have this meeting?

A It was the first or second year that I worked here.

Q The first or second year?

A The first or second year.

Q Since you have been with the Gainesville Board of

Education have there ever been more than four teachers of 

Business Education?

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A No.

33*+

Q Miss Head, you are a member of the black or Negro 

race, is that correct?

A Yes.

THE CLERK: Plaintiffs' Exhibit for identification

No. 32 is the original certificate from the State of 

Georgia, Department of Education, Teacher's Certification 

dated September 1, 1966.

(Whereupon, the above document was marked for identification 

only as Plaintiffs' Exhibit No. 32.)

-0-

THE CLERK: Plaintiffs' Exhibit for identification

No. 33 is a contract of employment dated 7 March 1968. 

(Whereupon, the above document was marked for identification 

only as Plaintiffs' Exhibit No. 33.)

-0-

BY MR. MOORE:

.Q Miss Head, I show you Plaintiffs' Exhibit No. 33 

and ask you if you recognize it as being your contract of 

employment with the Gainesville Board of Education for the

year 1 9 6 8-6 9?

A Yes, it is.

.Q Has that contract been renewed?

A No, it hasn't.

Q I show you Plaintiffs' Exhibit No. 32 -- strike

/ 3i



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that, please.

Miss Head, I show you Plaintiffs' Exhibit No. 8, 

which is the letter of March 10, 1969. Is that a letter that 

you wrote to Mr. Ellenburg with a copy to Mr. Blakeney 

concerning renewal of your contract?

A Yes, it is.

Q And is the letter of March 9 ,  1 9 6 9 ,  a letter from 

Mr. Blakeney, the Superintendent of Schools, to you in respond 

to your letter?

A Yes, it is.

Q Pertaining to the renewal of your contract, is that

correct?

A Yes.

Q Now I show you Plaintiffs' Exhibit No. 32 and ask 

you if you recognize it as being your Certification from the 

State of Georgia, Department of Education?

A Yes. This is an original copy of my T-4,

Q And it certifies you in Business Education?

A Yes.
q What is the significance of T-4? What does that

mean, if you' know?

A Teacher Professional.

Q And does it have any relationship to your academic

attainments?
A Before we could obtain a certificate we must

/sc



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complete the required courses at some accredited college.

Q And you attended Ft. Valley State College?

A Yes.

Q Do you know whether or not that is a Division of 

the University of Georgia System?

A Yes.

Q When did you graduate from Ft. Valley State?

A I graduated in June, 1966.

MR. MOORE: Your Honor, we move the admission of

Plaintiffs' Exhibits 33 and 32, the contract and certificatio 

MR. GUNTER: 32 and 33, no objection.

THE COURT: Let them go into evidence.

MR. MOORE: You may examine, sir,

-0- I
CROSS EXAMINATION

BY MR. GUNTER:

Q Miss Head, you grew up in Griffin, Spalding County, 

didn't you?

A Yes, I did.

Q And you went to the public schools there?

A Yes.

q And after finishing public schools there you went 

to Ft. Valley College at Ft. Valley, Georgia?

A That is correct.

Q And you graduated there, and upon graduation there

—  -............................................ 334____

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you made application to the Gainesville School System for 

employment?

A Yes.

Q And you were employed in the Gainesville School 

System immediately after your graduation?

A Yes.

Q And you are certified in Commercial Education?

A That is correct.

Q You are not certified as an English teacher?

A No, I am not certified in the field of English, but 

this past year -- we were supposed to get this English 

teacher, but for some reason he had to go into the Armed 

Forces, and they didn't see fit to hire an English teacher, 

so we had to absorb the courses that ordinarily an English 

instructor would have, and this explains the reason why I had 

this English course for this past year.

Q Well, isn't it a normal thing for teachers to teach 

one class out of their certification field? Do you know any 

other teachers that are doing this?

A Yes.

Q So this is not unusual, is it?

A In some instances, yes, I would say yes.

Q In some instances it is unusual? Can you answer

my question: You are not certified by the State as an Englis l

teacher, though?



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338
©  . 4 4 2 A  O

338

A No, I am not.

Q Nov;, when did you first learn, Miss Head, that your

contract would not be renewed for the year '69-'70?

A On March 6th of this year.

Q How did it come about that you learned that your

contract would not be renewed?

A Well, I was informed by Mr. Ellenburg, who is the

Assistant Superintendent.

Q Had Mr. Baylor talked to you previously before you 

talked to Mr. Ellenburg about it?

A About two or three minutes before, yes.

Q What did Mr. -- Mr. Baylor is the principal?

A Yes, he is, principal of the E. E. Butler High

School.

Q And he had told you that your contract was not goin^

to be renewed a few minutes after you talked with the 

Assistant Superintendent?

A Yes.

Q Did he tell you that the Assistant Superintendent

was on the way out there for a conference with you?

A Would you like for me to tell you how it all happen*

Q Yes.

A Well, this was in the morning. On the morning of -•

Q Can you speak a little louder?

A On the morning of March 6th, 1969, this was during



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4 4 3 A
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my planning period, and I was in a classroom preparing, planni 

for my classes I would have for that particular day, and I 

was called to the office on the intercom by the secretary.

I went around to the office to see why they were 

calling me, and the principal, Mr. Baylor, called me into 

his office, and when I went into his office he told me that 

the first -- the first thing he told me is that we are losing 

a lot of students to the county, and because of this loss 

I would not receive a contract for that particular year. And 

he told me that Mr. Blakeney had asked that I come down to 

his office that evening about 4:00 O'clock, once I got out of 

school, he was going to explain to me why,

I stated to him that if he were going to tell me 

the same thing, then I would just accept tne principal s 

word for it.
And he suggested, he said, "Well, Mr. Ellenburg 

is supposed to come out to the school, and I will ask him if 

he will see you while he is out here."

And he called down to the central office and talked

with Mr. Ellenburg and asked him if he would just speak to 

me and tell me while he was in the building.

So I assumed Mr. Ellenburg agreed to do this, becat 

a few minutes later he did appear, and he told me basically

the same thing.

Q All right.

i* o



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Now, did you tell Mr. Baylor that you were not going 

to the Superintendent's office?

A No. Those were not my words.

Q Well, what did you tell him with respect to not 

going to the Superintendent's office?

A Well, I told him that I would accept his word 

inasmuch as he had been informed-by the central office, that 

I might as well take his word for it if I was not going to 

receive a contract.

Q Did you not also tell Mr. Baylor you weren't 

coming back anyway and it was perfectly all right?

A No. This is the way the conversation went. Once 

Mr. Ellenburg came to the office, and I was sitting there,

Mr. Baylor was at his desk, and Mr. Ellenburg and myself were 

in Mr. Baylor's office, and he told me that they were losing 

students to the county and that they wouldn't have need for 

another Commerical teacher at Bulter High School, because the 

enrolment was being reduced.

I asked him how did he know he would not need 

another Commercial teacher, because contracts had not been 

returned, and it could be that someone might remain.

He said, "Well, we don't offer contracts to persons 

unless we can assure them of a job."

Then he said after the contracts had gone out that 

they would, if someone resigned,, they would consider me for

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the position. And he also stated --

I asked him how did he go about deciding who would 

remain and who v/ould not remain in a case like this, and he 

said it was based on seniority. He told me about the number 

of years that all the Commercial teachers had been in the 

system. He said that Miss Carter, who is the other Negro 

instructor of Commercial Education at Butler High School, 

had been in the system about seven or eight years and, theref 

she had more experience than I had, and she had been in the 

system longer, so she would remain.

Okay. Then he also cited the instance, about the 

other teachers of Commercial Education, He said that over 

at Gainesville High School one teacher had been in the system 

longer than I had, about the same number of years that Miss 

Carter had been in the system, and that the other teacher had 

been in the system as long as I had or longer. Those were 

his words.

Q You did not say anything about you weren't coming 

back and it was perfectly all right, you weren't coming back 

anyway?

A The statement I made -- I did make a statement 

relative to that effect. He told me that after the contract 

had gone out, if there was a vacancy, then they would offer 

me a contract.

So I made the statement that if I could not receive

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/'U'iS A.
342

a contract when everyone else received one, that I would not 

be interested, and this is why I wrote -- later wrote this 

letter to him.

Q So it really made you mad, did it not, Miss Head, 

that you were not considered -- that you were not reoffered 

a contract? You got mad, didn't you?

A It wasn't really that I got angry. It was just thai 

I could not understand why I was being fired when they told 

me that there wasn't anything wrong with my work.

Well, I could have very well understood if I had 

been asked to resign and if I had had the privilege of 

resigning. But he said —  he told me, "You are not being

fired. You are being dismissed."

Well, I said, "Well, I am not receiving a contract. 

I don't have the privilege to resign. It is tne same thing 

as being fired."
Q And this is the way you took what Mr. Bllenburg 

said, and Mr. Baylor, that you were being fired?

A Yes. And I still say that I am being fired.

Q All right.
Now, Mr. Ellenburg did tell you -- did he tell you 

that the only criteria for keeping teachers was seniority?

A Yes. First he told me it was a loss of students, 

and then when I asked him how did he decide who stayed and 

who remained and who went, he said, "Well, you are the last

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person to come into the system; therefore, you will be the 

first person to go." So this in itself will be pointing up 

seniority,

Q Did Mr. Ellenburg tell you that your qualifications 

were compared with the other three teachers in the system?

A No. He didn't mention anything about evaluation.

It didn't even come up. Evaluation sheets, nothing of this 

nature came up. What I have told you is all that he said.

Q Did he tell you that he had four Commercial Educate 

teachers in the system now —

A Yes.

Q —  at that time?

A Yes, he did say that.

q Did he tell you that he anticipated there would 

only be three in the system next year?

A Yes, . sir. He didn't say it, but I could assume- 

this from the facts that he mentioned.

Q And he did not tell you that you were compared with 

the other three teachers?

A No, he didn't even mention it,

Q Now, after you —  did you refuse to go to the 

Superintendent's office?

A No, I did not refuse to go. When I stated -- I 

mean, when I made this statement to Mr. Baylor, when Mr. 

Baylor said, "Well, I will call him and ask him if he will

*/</</



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4 4 8 A. 344

see you when he comes out, since he's already coming out

Q Did you tell Mr. Baylor that you did not intend 

to go to the Superintendent's office?

A No, I did not.

Q You told him that you would just take his word for 

it, though, and it was not necessary for you to see the 

Superintendent?

A No, I didn't say it wasn't necessary. I said, "WelL 

I'll take your word for it."

Q Well, do you think it would be fair to say that Mr. 

Baylor could draw the conclusion that you were not going to 

go to Mr. Blakeney's office from his conversation with you?

A No, it wouldn't be fair,

Q That would not be fair —

A No, it would not be fair.

and he said that he would see me, then I thought that this 

was sufficient.

Q All right.

- to draw that conclusion?

You were perfectly willing to go to Mr. Blakeney's

office and discuss it with him?

A Yes.

Q But you did not do so?

A Since Mr. Ellenburg was coming out to the school

Then the next thing you did was you wrote your



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4 4 9 4
___________________________________________________ 3*+5_____
letter to Mr. Blakeney?

A I directed my letter to Mr. Ellenburg, since he was 

the one who told me.

Q And you sent a copy to Mr. Blakeney?

A I sent a copy to Mr. Blakeney.

Q This is when you said you changed your mind and you 

did want to be considered for a place in the system?

A Those are not my words on the letter.

Q . Do you have a copy of your letter there?

A No, I haven't.

MR. GUNTER: What exhibit is that?

. MR. MOORE: I think it is 7 and 8,

BY MR. GUNTER:

Q I refer you to Plaintiffs' Exhibit No. 8, Miss Head, 

which is a copy of a letter which is signed by you addressed 

to Mr. Otis M. Ellenburg, Jr., Assistant Superintendent, 

Gainesville Schools, with a copy of it to Mr. Baylor, the 

principal, and a copy to Mr. Blakeney, the Superintendent 

of Schools, and then you say:

"As a result, I responded without giving proper 

consideration to the situation."

Now, what did you mean by those words in this letter

A Well, I think that is simple enough.

Q Well, you say "I responded". What did you mean by

"responded"? To whom were you talking about responding to?



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V>'4'A.

Mr. Ellenburg or Mr. Baylor?

A Well, they were both present, and, of course, Mr. 

Baylor did not take, an active part, because Mr. Ellenburg 

was there to inform me.

Q Well, don't you think it would be fair to conclude 

from what you told Mr. Ellenburg and Mr. Baylor that you did 

not care to be considered?

A This is why I wrote the letter. This is what I 

said at the time of the conference, but this is why I wrote 

the letter, so that he would know.

.Q All right, this meant that you had changed your 

mind since the conference, which was on the 6th of March, 

and the letter which was written on the 10th of March, 1969? 

you changed your mind about wanting to be re-employed in the 

Gainesville System, did you not?

A My mind was already made up, but because of -- 

because of being told that I was not going to receive a 

contract, and there wasn't anything wrong with my work, this 

would have been a shock to anybody just to be fired and they 

have no complaints about your work, and this is why I say 

that the news came as a shock, and this is the reason I 

responded as I did, and that is why I say, after giving 

more consideration to it, then I came up -- I decided to 

write the letter.

Q All right.

y V ?



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451A
3 > + 7

Did you confer with anybody about this before you wrote

the letter?

A Yes.

Q Whom did you confer with before writing the letter? 

A My parents and friends.

q Did you confer with someone connected with the

G.T.& E.A.?
A Yes. Most of my friends are members of the G.T.& E. 

Q Did you confer with a Mr. David?

A Yes. He is a friend. We discussed -- we discussed 

it.
Q And did he advise you to write the letter, change 

your mind and write the letter?

A No, he did not.

Q He did not.

Is Mr. David a member of the G.T.& E.A.?

A Yes, he is.

Q Where does he reside?

A Atlanta, Georgia.

Q And where does he teach school?

A He'taught in Thomson, Georgia.

Q Thomson, Georgia, last year?

A Yes.
Q But after these conferences, then, you decided to 

write the letter to Mr. Blakeney on March 10th?

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452A
________________________________________ _______________348

A It was —  it was coincidental it happened after the 

conference. The conference had nothing to do with my 

deciding to write the letter.

Q In other words, no one advised you to write the 

letter, then?

A No one advised me to write the letter.

Q You just wrote it of your own accord?

A I decided to write the letter.

Q Your parents did not advise you to write the letter

A No, they did not.

Q And none of your friends?

A (Witness nods negatively)

Q Now, after that, a couple of days after you wrote

the letter, you had a conference with Mr. Blakeney in his 

office when Miss McCrary was present and you were present 

and Mr. Baylor was present and Mrs. Trawick was present, is 

that correct, and Mrs. Mack?

A I don't recall the date, but we did have a conferenc 

in his office,

Q A short time after you wrote the letter, a few days 

or a week or so approximately?

A A week or so.

Q A week or so after you wrote the letter to him.

Now, what did Mr. Blakeney tell you in that conferen

Miss Head?



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A In that conference he told me -- in the conference 

—  at the conference in his office?

Q Yes,

A Well, there was another conference before this one.

Q All right, let's go back to the first conference, 

then. Who was present at the first conference?

A The first conference was when I was first told, 

and that was Mr. Baylor, Mr. Ellenburg and myself.

Q All right.

A And that was at Butler High School.

Q All right.

Mr. Blakeney was not involved in that conference?

A No, he was not.

Q I am talking about the first conference at which 

Mr. Blakeney, the Superintendent of Schools, was present. 

Wasn't your first conference with him the one that Miss 

McCrary has testified about already that you heard?

A I don't recall -- I don't recall the date. I 

recall the two conferences with him. I don't recall which 

conference came first, but we have had two conferences with 

him.

q You had two conferences with Mr. Baylor -- Blakeney

A One conference whereas the local unit was present, 

and another conference whereas only the persons directly 

involved were present.

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454A
350

Q All right.

Which one took place first? The one with the local 

unit of the G.T.&E.A., did that take place first?

A No. The one where only the persons involved.

Only the persons involved and their principals and

sup er int end ent s?

A Yes.

Q That is what I want to know.

What did Mr. Blakeney tell you and the principals 

and Miss McCrary at this conference?

A Well, at this particular conference he told me that 

I had been misinformed and that it wasn't because of the last 

person to come into the system but it was because I had a 

lower evaluation than the other Commercial teachers, and this 

is when the story took a turn, when it changed and this 

evaluation came up at this conference.

Q Did he tell Miss McCrary the same thing?

A Well, I can't testify as to what he told Miss

McCrary.
Q But this was your -- on the first conference that 

you had with Mr. Blakeney, he explained the evaluation of all 

teachers in the system certified to teach Commercial Educatioi

didn't he?

A No, he did not.

Q Well, what did he tell you? I thought you said he

/ r /



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4-55 A 0
351

just stated that the evaluation was told you.

A He said that the reason that I was not being -- he 

told me that I had been misinformed by Mr. Ellenburg and the 

reason I was not being re-hired was because I had a lower 

evaluation than the other four Commercial teachers. This was 

the first time that evaluation had entered into the picture.

Q All right.

And this was your first conference with Mr.

Blakeney?

A Yes.

Q All right.

Now, you did not have a conference with Mr. Blakene;

on March 6 as you were requested to have?

A I wasn't asked to have this direct conference.

Q Mr. Baylor did not tell you that the Superintendent

wanted you to come to his office at 4:00 o'clock P.M. on 

March 6?

A No. . That is not the way he put it.

Q How did he put it?

A He said that the Superintendent would like for me

to come down to the office.

Q But you did not go?

A And he also, after that —

Q Could you answer my question? 

You did not go?

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352

A After this statement he said that Mr. Ellenburg was 

coming out to the school and he would ask him if he would 

see me while he was out there, and this he did.

Q Have you heard Miss McCrary's testimony about what 

Mr. Blakeney told her in the first conference about her 

being ineffective?

A Yes.

Q When was your next conference with the local G.T.& A 

unit and Mr. Blakeney?

A I don't recall the date.

Q A few days after your initial conference with him, 

or a week or so after? The approximate time?

A It was approximately a week or so.

Q Approximately a week or so.

Who was present for this conference with Mr.

Blakeney besides yourself?

A This was —  this was with the local unit.

Q You were not present?

A Yes, I was there.

Q You were there. All right, who else was -- who was 

there with the local unit and you and Mr. Blakeney?

A The local unit, this includes the teachers at Fair 

Street, Butler High School, the faculty.

Q Will you name them?

A The faculty of both schools, I could, but It is lorg

</r-



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457A.
___3ii

and outdrawn.

Q Can you name the persons who were present with you 

and Mr. Blakeney at this conference?

A

Q

With the local unit?

Yes. Who were the persons who comprised the local

unit? Who made up the --

A The faculty of E. E. Butler High School and the 

faculty of Fair Street School,

Q But I mean which —  the whole faculty didn't come 

to the conference, did they, Miss Head?

A I don't remember who was there and who wasn't.

Q Do you recall how many?

A I don't recall the number, because I didn't take

time.

Q Could you give me the approximate number?

A No, I couldn't.

Q Was it two or twenty? Which would be closer?

A It was more than twenty.

Q More than twenty?

A Yes.

Q So'where was the meeting —  where was the meeting

held?

A This meeting was held at Fair Street Elementary

School in the cafeteria.

Q Would you estimate the number of people who were

/J



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present for tjae meeting?

A More than twenty. I didn't count the persons, so I 

really couldn't say.

Q Closer to twenty or closer to one hundred?

A Well, it would be farther from -- it would be a 

great distance from both.

Q Would it be closer to twenty or closer to fifty?

A Closer to fifty.

Q So in the vicinity of fifty or sixty people were 

present for this conference?

A Approximately,

Q Now, was your particular case discussed at this 

meeting by Mr. Blakeney?

A Well, this was more or less a question and answer 

period. Now, if you had a question concerning something that 

was going on, then each person asked his own question. If 

you felt like asking a question, you asked it. If you didn't, 

then you didn't have to.

Q Did Mr. Blakeney state why your contract was not 

re-offered to you at this meeting?

A No.

q Did he state in this meeting why Miss McCrary's 

contract was not offered to her?

A He spoke more or less in general terms. As I said,

he answered questions. If we asked him a question about



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355_____

something, he answered the question.

Q Did he tell you or anybody that your contracts were 

not being renewed because you were Negroes?

A That was obvious.

Q That was obvious?

He did not? tell you that, though, that it was 

obvious? This is what you assumed from what he said?

A After you gather all the facts, then it is just 

obvious.

MR. GUNTER: No further questions.

THE COURT: Any further questions, Mr. Moore?

MR. MOORE: Just one, Your Honor.

-0-

KE-DIRECT EXAMINATION

BY MR. MOORE:

Q Miss Head, Mr. Gunter asked you about the time that 

you were summoned or was requested or something to come down 

to the Superintendent's office and you didn't go down to 

the Superintendent's office. Do you remember that question 

and your answer?

A Well --

Q I want to know, first, do you remember those 

questions and do you remember your answers?

A Yes.

Q And then you said that Mr. Ellenburg came out to



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4 8 0 A
__351

the school, is that correct?

A Yes.

Q And you requested an opportunity to confer with Mr. 

Ellenburg, is that right?

A No. This was suggested to me by the principal.

Q Mr. Baylor?

A Yes.

Q Would you state whether or not this conference with 

Mr. Ellenburg, the Assistant Superintendent, was in the place 

of the conference with Mr. Blakeney?

A Yes, it was. It was in the place of the conference

with the Superintendent.

D Did Mr. Ellenburg say anything or do anything to

give you that understanding?

A Yes, he did.

Q What did he do, if anything?

A Well, he told me that I -- he didn't say that he 

had been sent by the Superintendent or anything of this 

nature, but I merely assumed that this was the case.

q you based that on an assumption, is that correct?

A Yes.

MR. MOORE: No other questions.

MR. GUNTER: No other questions.

THE COURT: You may go down.

(Whereupon, the witness was excused from the stand.)



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-0-

MR. MOORE: We would like to call

for just two questions.

THE COURT: All right, sir.

357

Mr. Blakeney back

-0-

R. D. BLAKENEY.

Having returned to the stand, testified further as follows:

RE-CROSS EXAMINATION

BY MR. MOORE:

Q Mr. Blakeney, yesterday I asked you if you would be 

kind enough overnight to check your files and give us the 

date that each of the Commercial Education teachers started 

with your school system. Have you done that?

A I have, sir.

Q Would you give us the date on which Miss Rosalind 

Carter started?
A I believe you asked me for the contracts of these

teachers.

Q Right.
A Not the dates. I didn’t understand you asked for 

the dates. You asked for the contracts of these teachers and 

the number of years experience, and this I have furnished 

for you.
Q Do you have the contracts, a, copy of the contract

that each of the teachers has been in your

</jr3

for each year



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system?

A I did not understand you to request that. The 

contracts of last year, this is what I brought.

Q What I want to get from you is the year that each

teacher began in your system.

A I do not have that information here, because I did 

not understand that that was what, you wanted.

q Could we get that information over the luncheon

recess?

A Oh, yes.

q Did you bring the salary scale?

A Yes.

q May I see it?

A Yes.
You will find that all four of these teachers are 

paid exactly according to the salary schedule.

Q All right.
A And their contracts are here, photostatic copies

of every one of them. There is no deviation from the 

contract made on anybody's contract. Here is the salary 

schedule. Here are copies of the contracts. Each of these 

people hold T-4 certificates.

Miss Carter --

q Wait a minute. That is really not responsive. I 

am not asking you what kind of certificates they hold.



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463.4

A They all hold T-1*- certificates: Miss Head, Mrs.

Presnell, Mrs. Glass, Miss Carter.

Q How long have they been affiliated with your system? 

A As I told you a while ago, I didn't understand you 

to ask for that information. I have the number of years 

experience each has had.

Q I would like to have the information with respect 

to the number of years each of them has been affiliated with 

your system.

A I didn't understand that is what you wanted. Had 

I understood it, I would have had it.

THE CLERK: Plaintiffs' Exhibit for identification

No. 3b is a photostatic copy of the City Board of 

Education, minutes of the meeting of January 9, 1969.

MR. MOORE: I should, Mr. Pressley, if you will

permit me, these are the minutes from January 6, 1969, 

through and to include June 9? 1969.

THE CLERK: All right.

(Whereupon, the above documents were marked for identificatioa 

only as Plaintiffs' Exhibit No. 3*+.)

-0-

MR. MOORE: Those are minutes of staff meetings

from —
THE CLERK: From February 6, 1969, through and

including May, 1969.



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464A.
360

(Whereupon, the above documents were marked for identification 

only as Plaintiffs' Exhibit No. 35.)

-0-

MR. GUNTER: Are these two extra exhibits?

MR. MOORE: Right.

MR. GUNTER: Number 3^ is minutes of the board.p

MR. MOORE: And 35, minutes of the staff meetings.

MR. GUNTER: Minutes of the staff meetings?

MR. MOORE: Right.

BY MR. MOORE:
Q Mr. Blakeney, I show you Plaintiffs' Exhibit No. 3^ 

and I ask you whether or not these are the minutes of the 

Board Meetings from January 6, 1969, through and to include,

I think, June of 1969?
A Apparently these are the Board Minutes from January 

6th through June 9, and I have not looked through each one 

to be sure, but apparently this Is It, and this information 

was furnished,from my office. I assume that this is correct. 

q Were these minutes made in the regular course of

your business?

A Yes.
q And was it in the regular course of your business

to make such minutes?
A Oh, yes, this is correct.

MR. MOORE: Your Honor, we move the admission of



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465A
370

the minutes of the Board Meetings.

THE COURT: Any objection?

MR. GUNTER: May I ask -- these are the ones I gave

you?

MR. MOORE: Right.

BY MR. MOORE:

Q I show you Plaintiffs' Exhibit No. 35 and ask you 

whether or not those are the staff minutes from February 6, 

1969 through about May 15, 19&9?

A These appear to be correct copies of the staff 

minutes.

Q And were they made in the regular course of business 

of the Board of Education?

A They were made in the regular course of the 

business of the administrative staff which made up principally 

the supervisory staff of the Gainesville City Schools.

q And was it in the regular course of the business 

of the school board and its administrative staff to make 

such minutes?
A Oh, yes. Minutes are taken of each meeting, each 

regular staff meeting.
MR. MOORE: We move the admission of Plaintiffs'

Exhibits 3>+ and 35, being, one, the minutes of the Board.

and the other the minutes of the staff meeting.

BY MR. MOORE:

94



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121

Q Mr. Blakeney —

MR. GUNTER: May I ask a question about these?

THE COURT: Yes, sir.

MR. GUNTER: Have you divided these up?

MR. MOORE: No. I have put them in the chronologic^

order.

MR. GUNTER: Well, there were ten pieces clipped

together yesterday. There are many more than that now.

I wondered if you took them apart and re- —

MR. MOORE: No.

MR. GUNTER: I didn't give you but ten, and there

are —

THE COURT: Gentlemen, if you want to have your

conversation during the luncheon hour, you may do so, 

but I don't see any point in having your conversations 

in the courtroom,

MR. GUNTER: I object to the admission of them in

that I think some of them —  I find markings made on 

them, names written, and I need to get this straightened 

out with him.

THE COURT: You can get together at lunch. I will

withhold it from the evidence temporarily until you have 

a chance to see whether you can work it out, and, if you 

can't, then I will pass on it.

MR. MOORE: Yes.

/ a



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4G7A Q

BY MR. MOORE:

Q Mr. Blakeney, at the end of the school year 1967-68, 

how many Negro or black teachers did you not renew?

A Only three, as I recall. We did not renew the 

contracts of Miss Head, Mrs. Mack, Miss Clara Belle McCrary.

We have two others that have conditional contracts. They 

have been offered contracts on certain conditions.

Q Who are they? Mrs. Harris and Mrs. Fortson?

A And Mrs. Fortson, yes.

Q But now I am asking you about the previous year,

’67-'68, and I would like to know how many Negro teachers did 

you fail to renew that year?

A I do not recall failure to offer contracts -- we 

had some resignations. I do not recall failure to offer 

contracts to any Negro teachers who asked for contracts to be 

renewed.

Q Since 1966 there has been a steady reduction in 

the percentage of the number of Negro teachers on your 

faculty, is that not correct?

A I am not sure that is correct. We have had -- I 

am not sure that that is correct.

q At least in your minutes, in the minutes of the 

staff meeting for May 1, 1969, you have done a compilation 

of the percentage of the Negro faculty, and for each year it 

shows a reduction.

------------------------------------ — ------------------------------------------------------ ^ 2 —____



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4 6 8  A
---------- ---------------------------------------------343-----

For example, 1966-6 7, there were 37 per cent Negro

faculty.

'68-69, there was 26 per cent Negro faculty.

In '69-'70 there is 25 per cent Negro faculty.

You measure that by the percentage of Negro students 

in the student body, oand for '66-'67 you had 397 per cent 

Negro or black student body; for 168- 16 9, 34 per cent black 

student body; and for '69-'70, 29 per cent black student body.

So, based upon your own examination of your records, 

you have shown a reduction of black staff, faculty staff?

A This information was given to the principals in a 

meeting. It did show a reduction in both black staff and 

black pupils,

MR. MOORE: Thank you very much.

THE COURT: You may go down, sir.

(Whereupon, the witness was excused from the stand.)

-0-

MR. MOORE: Your Honor, we have one other witness, 

and we are going to conclude after that. This witness 

may take fifteen minutes to a half hour.

THE COURT: Well, we will recess until 1:45. Maybe

we can get back by then. We will take a recess until

1:45.

(Whereupon, Court was recessed at 12:43 P.M., reconvening at 

1:56 P. M.)

/<w



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469  A. ©
______________________

-o-

AFTER RECESS

THE COURT: I apologize, gentlemen. I didn't know

whether I would be back at a quarter of 2:00, but I 

apologize for being late.

MR. MOORE: We are ready to proceed.

THE COURT: All right, sir.

MR. MOORE: The Plaintiffs call at this time

Doctor Horace Mann Bond.

THE CLERK: Will you take an oath, please.

The evidence you .shall give in the issue joined 

between Rosa A. Head and others and R. D. Blakeney, 

individually and as Superintendent of Schools, and others 

shall be the truth, the whole truth and nothing but the 

truth, so help you God.

DR. BOND: I do.

CLERK: All right, sir, just have a seat on the

witness stand.

-0-



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DR. HORACE MANN BOND,

Called as a witness by the Plaintiffs, after having first 

been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. MOORE:

Q V/ill you state your name, please?

A Horace Mann Bond.

Q Where do you live?

A Atlanta, Georgia, 361 Lee Street, Southwest, 

Atlanta, Georgia.

Q Dr. Bond, what is your educational background?

A Well, I graduated from college at Lincoln Universit;

in Pennsylvania in 1923. I later studied at the University 

of Chicago where I took my Master of Arts Degree in 1926 and 

my Doctor of Philosophy Degree in Education in 1936.

Q At the University of Chicago?

A University of Chicago.

Q Doctor, could you tell us what your employment 

history has been in the field of education?

A Well, I started off as head of the Department of 

Education at Lancaster University in Oklahoma. That was in 

1924.
Following that I was Director of Extension at 

the Alabama State College at Montgomery, Alabama.

Then I became Professor of Education at Fisk



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471A

University in Nashville, Tennessee, where I remained until 

1929, after which I did some research work for a couple of 

years. Then I was employed again at Fisk University as 

Professor of Education, following which employment I was at 

Dillard University in New Orleans, Louisiana. Then I came 

back to Fisk University as head of the Department of Educatio

I then went to the Ft. Valley State College in 

Ft. Valley, Georgia, where I remained from 1939 until 19*+5, 

after which I became the President of Lincoln University in 

Pennsylvania, where I was between 19^5 and 1957.

I then became the Dean of the School of Education 

at Atlanta University, in which position I remained until 

1967, when I became Director of the Department of Educational 

and Social Research in Atlanta University, which position 

I still hold.

Q Dr. Bond, when you were at Ft. Valley State College 

were ,you in a teaching position.or were you president of the 

college or what?

A I was president of the college at the Ft. Valley 

State College.

I might say, though, I have, as president or not,

I have always kept a class. I have taught.

Q Dr. Bond, have you contributed to any learned 

periodicals and publications in the field of education?

A Yes, I have published 60 or 70 articles in learned

______________________________________________________________376______



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472A

journals and so on in the field of education. I have publish^ 

four books in the field of education, one THE EDUCATION OF Till 

NEGRO and THE AMERICAN SOCIAL ORDER that was published first 

in 193*+, and reprinted in 1966.

Then the book NEGRO EDUCATION IN ALABAMA was 

published first in 1939 and was reprinted -- well, it was just 

reprinted this year.

And, in addition to that, there is a book EDUCATION 

FOR PRODUCTION, which was a wartime book really published 

to stimulate agricultural production by school children and 

whatnot during the war.

Then the book SEARCH FOR TALENT, which was the 

ENGLISH lecture at Harvard University in 1957? and so on.

Those are the books I have written.

Q Doctor, are any of your publications considered

classics and still used by universities and colleges?

A Well, yes, I think I could say that, because this 

last reprint of NEGRO EDUCATION IN ALABAMA has come out in 

really two publishings. Unfortunately, the copyright had 

expired and two publishers have reprinted it quite recently, 

and it is a well-known book.

Q Doctor Bond, have you lectured to colleges and 

universities and to learned professional societies on educatio 

subjects?

A Yes.

& 9



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Q Would you give us an example of those, sir?

A Well, the University of Michigan, among other 

places, University of Georgia, the West Georgia College, 

among others, and Wayne State University this spring, and a 

number of other institutions.

Q Have you lectured both in this country and in foreir 

countries?

A Yes. I was a member of the staff of a United 

Nations Educational, Scientific and Cultural Organization 

in England in 19̂ -8. I was a member of four or five people 

that taught, and I did work with that.

And I have lectured also in Africa at the University 

of Nigeria, the University of Lagos, University of Ibadan, 

and so forth.

Q Doctor, would it be fair to say you have lectured 

throughout the United States to learned societies and 

educational bodies on the subject of education?

A Yes, yes.

Q Doctor Bond, are you a member of any professional 

societies concerned with education?

A Yes. I am a member of the American Educational 

Research Association. I belong to the American Association 

of School Administrators. I hold membership in the American 

Sociological Society, and a number of others, History of 

Education Society, and so on.



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4 7 4 A. •••--•©
_____________ __________________________________ rza ____

Q Dr. Bond, have you received any honorary degrees?

A I have two honorary degrees, one from Lincoln 

University in Pennsylvania and one from Temple University in 

Pennsylvania, Philadelphia.

Q Would you state whether or not during the course of 

your —  strike that, »please.

Have you engaged in any, learned educational research 

touching upon educational subjects?

A Yes. I was employed -- co-employed, rather, at 

Peabody College to do a research to determine what were the 

features of a good school back in 1938-39.

And then I did a research for the Rosewald Fund 

on education in the South. I had a collaborator. He and I 

went around to the schools in six counties in three states, 

in North Carolina, Alabama and Louisiana, and we administered 

tests to all of the.white and Negro children in the third and 

sixth grades. It was between 1930-33? I believe.

Q Dr. Bond, have you engaged in the teaching of school 

administrators and school teachers?

A Yes. As part of my activities, more or less, as 

connected with these various educational institutions. I 

remember at Fisk University, for example, I helped conduct, 

with Mr. Lester, who was once with the Georgia State Departinert 

of Education, a workshop for principals. That was back in 

1938. V/e did a little book on the subject.



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475A.
---- ----------------- —  _________________________ 280_____

In addition to that, I have participated in the 

teaching and education of administrators and so forth at 

Atlanta University and other places, Ft. Valley State College 

and other places.

MR. MOORE: Your Honor we move to accept the

witness as an expert on schools and school administration

THE COURT: Of course, he has a right to cross-

examine him.

MR, MOORE: Yes, sir.

THE COURT: Go ahead. This is a non-jury hearing.

MR. GUNTER: We will admit the Doctor's qualificatio

THE COURT: All right.

BY MR. MOORE:

Q Dr. Bond, do you have a professional opinion as to 

what are the criteria for determining the effectiveness of a 

teacher?

A Well, there could be a great many. I think somebody 

wrote a book once listing 200,000 traits, or something of 

the sort. But, to condense that enormous task, I would say 

that the question of the certification that the teacher holds 

is one of the best criterion that could be considered.

Now, another criterion, one of length of service, 

the experience of the teacher.

And a third one, I would suggest, would be the 

degree to which the teacher is interested in children and



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476A.
381

books.

Q Dr. Bond, would you give us your reasons for each 

of the criteria that you have just testified to?

A Well, for certification, one of the -- it does 

indicate a minimum of education. For example, in this state 

presently, the State of Georgia, the certification of a 

teacher means that that teacher has had at least four years 

of education beyond the high school and the like, and it also 

indicates that this teacher has been exposed to educational 

experiences of various sorts, a minimum.

Another reason I like it is that the teaching 

staff itself, that is, the core .of teachers participates in 

the making up of the certification requirements, because the 

State Department of Education follows the tactic of having 

teacher committees representative of the teaching profession 

who participate in the listing of those criteria and so on.

Well, those are some of the reasons why I am fond 

of the question of certification in itself as a criterion.

The next one that I mentioned was length of service , 

and the length of service of a person does indicate the 

degree to which this teacher has been exposed to his craft 

and the practice of it.

As in every craft or profession, the presumption

is that the more experience the individual has with the 

skills and so on involved the more competent this person



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477A
-------- — .-_____________________________________________ 382_____

becomes. So it is for that reason that I believe that 

experience is of considerable importance as a criterion in 

the measurement of a teacher's effectiveness.

Third, I would like to suggest or did suggest that 

my third criterion would be the teacher's interest in books 

and in children, of course. I say that because books, as 

the vehicle by which words are conveyed, are enormously 

important, it seems to me, in the formation of the child, 

because the use of books and reading seem to me to be the most 

one of the most important things that a child needs to attain, 

reach,

MR, MOORE: Very well, you may examine him.

-0-

CROSS EXAMINATION

BY MR. GUNTER;

Q Dr. Bond, you do not know either one of the Plaintif 

in this case, do you?

A Yes, I know one of them, I believe. Miss —  what 

is her name? A former student of mine -- McCrary.

Q Miss McCrary?

A Yes.

Q How long have you know Miss McCrary?

A I have known her for -- I can't specifically say.

She was enrolled at one time at Atlanta University in the

School of Education when I was the Dean thereof



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383

©  . 4 7 8 A  - Q
383

Q Did you teach Miss McCrary?

A I don't recall whether she was enrolled in my class

or not, I may have.

Q You do not recall whether she was in your class or

not, then?

A No, I don't. You understand, we have these hundreds 

of people and so on.

Q Right.

A And I would apologize to her if she has. I don't

have an individual reflection on it.

Q Do you know her well enough, Doctor, in your

opinion, to state what kind of a teacher she is? Do you 

know her well enough to be able to state this?

A Well, my presumption would be that she was a 

good teacher, but it would have to be a presumption, of 

course, because I don't know her that well.

I know she is an intelligent person. She was a 

good student, and that sort of thing. But I am really not 

familiar with her teaching or the qualities to make a judgmert 

on it.

Q Now, how about Miss Head? Did you know her before

this —

A Miss Who? Trawick?

Q No, Miss Head, the other Plaintiff in this lawsuit.

Did you know her before this?



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479A 184
A I am not too sure. Again, she may have been one of 

my students at Atlanta University, but I don't recall her.

■ Q Miss Head went to Atlanta University?

A I don't recall that. Really I am just presuming 

that she may have. I don't know.

Q All right, sir.

Now you stated that there are many criteria for 

judging the qualifications or effectiveness of a teacher, is 

that correct?

A Yes,

Q And you named only three?

A Yes.

Q Now, you do not mean to say that there are not many 

many more that go into -- many factors that go into such a 

judgment?

A Oh, no. As I say, I think it was Charter's famous 

study in which he listed no end to 200,000 traits, so to 

speak, that might go into the effectiveness of a good teacher

Q All right, sir. You stated one of them is 

certification. You know that all teachers in Georgia are 

required to be certified by the State, do you not?

A Yes.

Q The other that you mentioned is length of experienc

If two teachers have an equal length of experience in teachir 

in the same field, would you say that they are equally



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480 A
_______________________________________________________ 185_______

qualified or effective or competent as teachers?

A You say if two teachers have the same experience?

Not necessarily so,

Q In other words, experience would be just one factor 

In determining which of those two teachers was the most 

effective teacher, would it not?

A Yes, I would think so.

Q Now, the third criteria that you gave is the teacher' 

interest in books and in children. Do you know of teachers 

who had interest in books who were poor teachers?

A To tell you the truth, no. I believe every teacher 

I have known who was greatly interested in books was a good 

teacher.

Q All right, sir.

Have you ever known a teacher who was very 

interested in children who was not a good teacher in the

classroom?

A No, I haven't.

Q In other words, would it be fair to say that all

teachers who are interested in books and all teachers who 

are interested in children are good teachers?

A In my opinion.

Q Nov;, you add "in my opinion". Dr. Bond, isn't an 

evaluation of a person predominately subjective on the part 

of the evaluator?

¥ 7



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A I think so,

MR. GUNTER: No further questions.

-0-

RE-DIRECT EXAMINATION

BY MR. MOORE:

Q Dr. Bond, the criterion you listed is more or less 

objective, is it not?

A Sir?

Q I say the criteria you listed is more or less

subjective, is it not?

A Yes.

MR. MOORE: You may come down.

May this witness be excused?

MR. GUNTER: Just a moment.

-0-

RK-CROSS EXAMINATION

BY MR. GUNTER:

Q Whether a person should be certified or not as a 

teacher, you say that this is an objective criterion?

A Yes.

Q How is that objective criterion exercised?

A Well, the State Board of Education entertains 

applications for certification, and the State Department of

Education then examines the qualifications of the students 

for these certificates of certification and so on which are



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387

more or less based on —  well, not more or less, they are 

based on objective items.

For example, one of the objective items is the 

possession of a Baccaulerate Degree.

Another objective item is a recapitulation of the 

curriculum that the student has followed. They evaluate, 

for example, the amount of study this teacher has done in 

certain curriculum aspects, curricular aspects, subjects and 

so on, and the like.

Q Dr. Bond, whether a person attains a Baccaulerate 

Degree involves someone's subjective analysis of what that 

person has done, does it not? The teachers? The professors?

Isn't determining what grade a person makes or 

whether a person passes or fails, isn't a great deal of 

subjective judgment entered into in such a decision?

A Well, to a degree, I suppose so.

Q All right, sir.

A But I don't see what relevance that has to the fact 

that this is an objective criterion.

Q All right, as far as length of experience is 

concerned, do you think that nothing subject goes into 

rating a person or evaluating a person based on his length 

of experience?

A There doesn't have to be. So many years or so 

many months or that sort of thing of activity in this area,



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388

I mean, the calculation of the experience is totally, it 

seems to me, an objective sort of thing. It is a matter of 

counting.

Q Dr, Bond, do you think a teacher who has had twenty 

years experience at MIT in physical science would be rated 

the same by you as a teacher who has had twenty years at the 

University of Georgia in physical science? Would you say 

that on the basis of experience alone these two people are 

equally qualified?

A I would think so.

Q Thank you, sir.

Now, the third criteria you gave was the teacher's 

interest in books. Is this a subjective or objective 

evaluation as to whether or not a teacher has an interest 

in books?

A No, you could do it by observation. You could 

estimate it by observation of the teacher and the like.

Q If I observed teacher A, trying to determine what 

her interest in books is, and you observed teacher A to 

determine what her interest in books is, do you think that 

we would come up with the same evaluation of her interest in 

books?
A We could, and we could not -- would not.

Q Thank you.

You would say the same thing for the teacher's



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4 8 4 A  ©

interest in children, would you not?

A Yes, I think so.

MR. GUNTER: Thank you, sir.

MR. MOORE: I have no other questions.

Does the Court wish to examine Dr. Bond?

THE COURT: I have no questions.

Any objection to excusing this witness?

MR. GUNTER: No objection.

THE COURT: You may be excused, if you desire.

MR. MOORE: You want to have a seat in the courtroom

THE WITNESS: Sir?

MR. MOORE: You can have a seat in the courtroom

back there.

(Whereupon, the witness was excused from the stand.)

- 0 -

-------_________________________________________ 889

MR. MOORE: Your Honor, if there is no objection

from Mr. Gunter I would at this time like to offer as 

Plaintiffs' Exhibit No. 36 a contract entered into 

between Hall County and the Gainesville Board of Educati 

for the education of Negro children from the county, 

dated November 3rd, 1953, with an amendment of 19&1.

THE COURT: Is there any objection?

MR. GUNTER: No objection.

THE COURT: All right, let it go in evidence.

MR. MOORE: Your Honor, we move the Court at this



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485A
390

time to judicially notice Section 607 of Title 32,

Georgia Code Annotated, Acts 1964, Pages 3 and 9, to the 

following effect:

"Local Units of School Administration, Employment 

of Personnel: All teachers, principals, other certified

professional personnel and all other school personnel 

of local units of administration shall be employed by 

local boards of education on the recommendation of the 

Superintendent of Schools of the local unit; provided, 

however, any board, by a vote of three-fourths of the 

entire membership of such board, may employ teachers, 

principals, other certificated professional personnel 

and all other school personnel without the recommendatio: 

of the Superintendent. Minimum qualifications for 

employment of all school personnel may be prescribed 

by the State Board of Education unless otherwise 

provided by law. Employment contracts of teachers, 

principals and other certificated professional personnel 

shall be in writing and shall be signed in duplicate 

by such personnel on their own behalf and by the local 

Superintendent of schools on behalf of the local board 

of education."
That is the end of that section, Your Honor.

THE COURT: I will take judicial notice of that

code section. In fact, I think I noted it in my order



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of last Friday.

©
391

MR. MOORE: Yes, sir, you did, yes, sir.

Your Honor, at this time we want to move formally 

for admission into evidence the following exhibits: 

Exhibit No. 7, which is the evaluation of four 

individual teachers in Commercial Education. Our 

original reservation about admitting that was that Mr. 

Baylor is not here, but we are going to take his 

deposition. I think we might as well do it at this time

MR. GUNTER No objection.

THE COURT: All right, let it go into evidence.

MR. MOORE: Plaintiffs' Exhibit No. IV, evaluation

of Miss Clara Belle McCrary;

Plaintiffs' Exhibit No. 15, lesson plans submitted 

by Miss Clara Belle McCrary;

Number 16, a brochure;

Number 18, phases of art and suggestions;

Number 19 , drawing of art exhibits;

Number 20, publication of Reader's Digest;

Number 21, manual;

Number 22, book entitled "Fun with Language Arts."

Number 23, book entitled "New Reading Skilltext

Series, Uncle Ben", that is Number 23; 

Number 2b is a book also;

Number 25 is another book;



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487A O
322

Number 26, 

material;

sample text of the fourth grade reading

Number 27, a spelling book;

Number 28, handwritten supplementary materials;

Number 29, charts;

Number 30, 

Schools” ;

"Teaching word recognition in Georgia

And Number 3*t, City Board of Education, minutes of

January 6, 1969, to, I think, May, 1969, and staff

meeting minutes from February to May 17, 1969.

THE COURT: Is there any objection to any of that?

MR. GUNTER: That is Number 35,, isn't it?

MR. MOORE: Right, 35.

THE COURT: I think all of those exhibits now have

been admitted formerly, have they not, Mr. Clerk?

THE CLERK: No, sir.

THE COURT: Which ones have not?

THE CLERK: All of those he called out have hot

been tendered until this point. They were identified 

but not tendered.

THE COURT: V/hat was I do with all those?

MR. GUNTER: May I ask one question?

THE COURT: Yes, sir.

MR. GUNTER: Number 36 is the Negro contract

which has already been admitted, is that correct?



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121
MR. MOORE: That's right.

MR. GUNTER: All right, do I understand that you are

not tendering Number 31?

Mr. MOORE: Excuse me?

THE CLERK: It has been admitted.

MR. MOORE: • Number 31 has been admitted.

MR. GUNTER: Has been admitted.

What about Number 32?

MR. MOORE: It has already been admitted.

MR, GUNTER: All right, now, this includes all

exhibits?

MR. MOORE: Right.

MR. GUNTER: No objection.

THE COURT: All right, let them go into evidence.

MR. MOORE: Your Honor, at this point the Plaintiffs

rest.
THE COURT: All right, sir, you may proceed for

the Defendants.

MR. GUNTER: Mr. Blakeney, will you take the stand,

please?

-0-

R. D. BLAKE INK Y .

Having returned to the stand, testified further as follows:

DTRECT EXAMINATION

BY MR. GUNTER:



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Q Mr. Blakeney, will you explain to the Court what is 

done by your office in determining whether contracts will be 

re-offered to teachers in the system for the ensuing year?

A At the end of each school year, or near the end of 

each school year, the principals are requested to turn in 

to the Superintendent", they are required to turn into the 

Superintendent of Schools an evaluation of each teacher on 

the particular faculty over which this principal has 

supervision.

Of course, this evaluation is based on his 

observations, not just at a particular time, but over the 

total school year.
I go over these evaluations with each of these 

principals personally. The Assistant Superintendent also 

goes over these evaluations with me. Any supervisory people 

that work system-wide in the Gainesville City Schools are 

called upon to give an evaluation of a person where applicable 

We would not ask someone in the field of music, necessarily, 

to evaluate a teacher of mathematics, but in the particular 

area where there is a consultant or supervisor we do request 

that they give me information concerning these people, 

because it is my responsibility to recommend to the Board 

of Education personnel for employment to insure, as best 

we can, that all children have an adequate —  have adequate 

instruction and educational experiences in our school system,



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4 9 9 A
395

So for this reason I call on all the people that I 

think may be of help to me in evaluating a teacher, as well 

as my own observations.

Q You are employed by the City Board of Education of 

the Gainesville City Schools?

A Yes, I am appointed by the local board of education

Q Now, who makes the final determination as to whethe:

a teacher personnel will be or will not be employed?

A This is prerogative of the local board of education 

and the board of education does make that decision.

Q Now, how many members are there on the local 

board of education?

A We have twelve members of the board of education, 

and the mayor acts ex officio on our board of education.

Q Now, how many white members are there on the 

Gainesville Board of Education and how many Negro members

are there on the Gainesville Board of Education?

A We have ten white members and two Negro members.

Q How long has the Gainesville City Board of Educatio

strike that.
Were Negro members on the Gainesville City Board 

of Education when you were employed in the system?

A Yes. There were two Negro members of the Gainesvil! 

City Board of Education when I was employed.

Q During this past year who were the two members on

-v



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491A

the City Board of Education?

A Mr. Morehead and Mr. Brown. Mr. Brown has served 

all the time that I have been here until May 3 1st.

Q Now, you have got a present Mr. Brown on the Board 

of Education who is a Negro now?

A It is a different Mr. Brown.

Q All right, sir.

Now, during the past year who was -- which Mr. 

Brown was the Negro member?

A Mr. Austin Brown.

Q And what was Mr. Morehead's first name?

A Kyles. Mr. Kyles Morehead.

Q Now, who were the white members of the Gainesville 

Board of Education last year prior to June 1st, 1969?

A Maybe I had better refer to this list. There are

so many.

Prior to June 1st, 1 9 6 9, we had Mr. Jack McKibbon, 

Jr., a white member, Mr. Roy H. Turner, a v/hite member,

Mr. Perrin C. Reynolds, a v/hite member, Mrs. Jack C. Lipscomb, 

v/hite member, Mr. Avery Nicholson, a white member, Mr. Raymonc 

T. Buffington, v/hite member, Mr. P. Martin Ellard, v/hite 

member, Mr. Clifford B. Martin, v/hite, Dr. W. D. Stribbling, 

III, v/hite, Mr. G. Harold DeLong, v/hite, Mr. Austin C. Brown,

Negro, Mr. Kyles Morehead, Negro.

Q Nov/, who was the Chairman of the Board of Education



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m z k  ~ Q
397

at Gainesville prior to June 1st, 1969*?

A Mr. P. Martin Ellard.

Q Now, who is the present chairman?

A The present chairman of our Board is Mr. Harold

DeLong.
Q Now, in the year just past was Mr. DeLong the 

chairman of the Personnel Committee?

A He was, sir.

Q y/ill you name the other members on the Personnel

Committee of the Board in addition to Mr. DeLong.

A Prior to June 1st, Mr. DeLong acted as chairman 

of the P'ersonnel Committee. Mr. Austin C. Brown, Negro 

member, Perrin C. Reynolds, white, Avery Nicholson, white,

Dr. V/. D. Stribbling, III, white.
q Now, Mr. Blakeney, what is the Personnel Committee's

function on the Board of Education?

A As I understand the^function of the Personnel

^Commit t

Superintendent of Schools in

and to screen applicants that are reco ^ n d M ^ . e ^ £m--for 

recommend at ion to t h e ̂ Boa.rd^a ̂ ^^rge^^—

Q All right.
A This is the way they act. They serve as counselor 

to me and advisor, also, for screening candidates or 

applicants for positions, and they make recommendations to

</S



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398

the Board then in session.

Q Now, Mr. Blakeney, during, .the year February, during 

the month of February, 1969, did you hold meetings with 

principa.ls. -a nd s t a f f- memb e r s,..and the assistant superintendent 

with respect to the,_rat±n&..-o£--keache.rper-sonnel— i-rt—the-.. 

Gainesville System?

A Yes, I did. The minutes of the Personnel Committee 

—  I mean, the minutes of the staff meeting will reflect this. 

Also the minutes of the Board of Education.

Q Nov/, did the principals of each school in January 

or February, 1969, meet with the Personnel Committee?

A Yes , they did .

Q And all principals were present at this meeting, 

were they not?

A As I recall, all principals were present. One 

board member was absent at one of the meetings, the chairman 

of the board, due to illness, but I believe all principals 

were present, as I recall.

Q Were all members of the Personnel Committee there?

A Yes, I believe so. I believe, as I recall, all

members of the Personnel Committee were present.

Q Now, who makes the final recommendation to the 

Board as to whether or not a teacher in the system will or 

will not be re-employed?

A Of course, I make recommendations to the Personnel



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3SS.

Committee, and they, in turn, make recommendations to the 

Board. But I make -- it is my responsibility to make 

recommendations to the Board of Education concerning employme 

of all personnel, other than the Superintendent, of course.

and the Board of Education, Mr. Blakeney, how many teachers 

in the system did you recommend that they not be given 

contracts for the ensuing year?

A Three.

Q Will you give us the names of the -- were the 

Plaintiffs in this case, Miss McCrary and Miss Head, two of 

the three?

A Yes.

Q Who was the third one?

A Mrs. Mack.

Q Will you explain to the Court why you recommended

that Mrs. Mack not be given a contract for the next year?

A Mrs. Mack had been employed by the Research and

Q Now, in your meetings with the Personnel Committee

A Eight teachers, I believe is correct, eight

How many of these were white teachers?

A Five of these were white.

Q And how many of these were Negro teachers?

Development Center at the University of Georgia, or through 

us, a representative of the Research and Development Departme 

there. We were looking for someone who had some training in



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4 9 5 A. '~~©
f̂OO

pre-school working with pre-school age children. Mrs. Mack 

had studied home economics, and the Home Economics Department 

of the University of Georgia is the only department, we 

found, that does give a course in working with youngsters, 

pre-school youngsters.

Mrs. Mack Was suggested, and she was appointed to 

work with pre-school youngsters.- This program had continued 

for two years but was discontinued at the current school year,

Since this program was discontinued, the position 

which Mrs. Mack held was no longer -- no longer did we have 

this program, so this position was done away with at the 

end of the current school year.

Mrs. Mack had studied home economics but was not 

professionally certified in home economics in that she was no-; 

fully certified to teach home economics. She had earned 

a professional certificate in elementary education, but, due 

to the experience that she had had, and our observation, had 

we had an opening in the kindergarten level, with kindergarten 

children or younger children, Mrs. Mack certainly would have 

been considered for it, but we did not have such an opening 

in our school system, and we felt that she needed more 

experience or that we needed to look further before employing 

Mrs. Mack with the lack of experience and the lack of 

professional certification.

Q Did the Board accept your recommendation with respee

y



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4 3 6 4

to Mrs. Mack?

A Yes, they did.

Q Was she written a letter advising her that her 

contract would not be renewed?

A Yes. All teachers whose contracts will not be 

renewed, according to the board policy, must be notified in 

writing, and we do this each year.

Q And you so notified Mrs. Mack, as well as these -- 

as well as the two Plaintiffs?

A Yes, we did.

And either the Assistant Superintendent or I one 

speak to these people in person, unless some emergency comes 

up and we are out of town, but usually we make it a point to 

talk with them, and we ask that the principals do also, so 

they will understand._______________________ ____

q Now, my next questions will be directed toward your 

recommendation with respect to Miss Head.

What did you do, Mr. Blakeney, in determining 

whether or not you should recommend to the Board of Education 

that Miss Head's contract be renewed for the ensuing year?

A Of'course, the principals and I had been working 

for several weeks trying to determine the number of teachers 

that would be needed, and we anticipated the number of 

teachers needed for the ensuing year, and, according to our 

calculations, we had determined that we would not need more



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_________________________________ _______________________________________________________________________________________________402

than three commercial teachers for the school year 1969-70.

We had four commercial teachers under contract at 

that time, and we could not offer contracts to teach Commerce 

Education to four commercial teachers for the school year 

1969-70, because we did not have -- we did not anticipate 

that we had that many positions open. Therefore, it was 

necessary that we either transfer one of these people to 

another area or that we not offer one of them a contract.

So, in making this evaluation, we evaluated the four 

teachers that were under contract to the Board of Education.

I would say that we went over those evaluations very 

carefully. I discussed with the principals involved, I

discussed with the Assistant Superintendent, and .also with__ ......... ...... , , / ... . .
the Director of Language Arts, who had given some 

supervision to Mrs. Mack, because Mrs. Mack --

Q You are using "Mrs. Mack." You mean "Miss Head"?

A I mean Miss Head. Excuse me. .

-- (Continuing) because Miss Head had not had a 

full teacher load of commercial subjects and had been given 

English classes in the place of this. So Mrs. Green, the 

Language Arts Consultant, had given some supervision to Miss 

Head.

So we looked over these very carefully and tried 

to determine the three that had the greatest potential for 

offering the best instruction to.the students in the Gainesvi

^ 9



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498 A
*+03

City Schools, and this is how we made this.

„ We determined J:hjit M.iss-.Iiead “ was , in our opinion,

the least_.efiective.of- the.four. Therefore, we decided to

offer contracts to the three that we felt were the best.

This was our honest and professional opinion, and could have 

been wrong, but this” was our opinion.

MR. MOORE: Your Honor, I would move to strike so

much of the witness' answer as this is his honest opinio: 

That is self-serving. He can state a professional 

opinion.

THE COURT: What is the distinction you make there?

MR. MOORE: I take it, Your Honor, that the

description or characterization of his answer as being 

his honest opinion, I believe, is self-serving, but I 

think it is proper for him to state his professional 

opinion.

THE COURT: He said it was his professional and

honest opinion.

MR. MOORE: Yes, sir. And I wanted to strike the

word "honest”.

THE COURT: This is a non-jury trial. I hope you

will trust me to be honest to separate the chaff from 

the wheat.

i/ <7 1

MR. MOORE: All right, sir.

THE COURT: About the only thing I feel like I



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ought to make a ruling on is whether it is a leading 

question. You can't lead the witness because you would 

be telling him what to say. But, aside from that, I 

think I can determine what will be admissible and what 

won't be admissible.

Go ahead.

BY MR. GUNTER:

Q Mr. Blakeney, was it your opinion that Miss Ulead 

was the- least effective of the four Commercial Education 

teachers ?

A This was my opinion, and my opinion, of course,
can .y-.' ,,r~.

was based upon the evaluations j^cii^he-^rlxiaipals^had,.given 

these people, and also the counsel which had been given me 

by my Assistant Superintendent who had spent more time 

observing than I.

q Did you report this opinion of yours to the 

Personnel Committee of the Board of Education^

A I did.
Q Did the Personnel Committee of the Board of Educati 

accept your opinion in this case?

A They did, yes.

Q Then did you recommend to the full Board of 

Education that Miss Head not be offered a contract for the 

ensuing year?
A This was explained, as I recall, to the Board of



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5G0A

Education, that we would not have a need for all these 

teachers, so the Board of Education did take my recommendation

Q And the Board of Education or the full Board voted 

on all persons who were to be re-offered contracts for the 

ensuing year?

A This is correct, yes.

Q Would you explain how the full Board votes on these 

people, Mr. Blakeney?

A In case of new people — - well, in the case of new 

people, usually the application, any evaluations that new 

people may have been given by their superiors, instructors, 

supervisors, that is attached to the application. This is 

shown to the Personnel Committee and then is generally 

carried to the Board of Education and distributed so that 

members may examine these documents.

Teachers who have been in the school system for 

some time, usually we do not go back and bring up the 

applications and go through all of this process, but^we put 

the teachers on^liatJax,,schools as to what their assignment 

will be or their tentative assignment for the coming school 

year, and these recommendations are made to the Board, and a 

list of these people that are to be re-employed is given to 

teach Board member. The Board member examines this list, 

and then recommendations are made either by the Superintendent 

or the chairman of the Personnel Committee, and then the Board

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votes on these people.

Q Now, with respectM^oJMiss McCrary, was this same 

procedure followed with respect to her?

A Yes, the same procedure.

Q What recommendation did you arrive at with respect 

to Miss McCrary and make to the Personnel Committee?

A I explained to the Personnel Committee how I arrivec 

at my evaluation of Miss McCrary's teaching ability and her 

effectiveness in the Gainesville City Schools.

I explained to them all the people involved in 

helping me to come to this evaluation. I do not rely 

entirely upon my own opinions^but on. all of the people who 

^may have come_^ _̂.coxiiij£.t with.these teachersj^ho are in a 

supervisory or consultant position with the Board of Educatio

So we study these carefully, and I explain to the 

Personnel Committee how I arrive -- they understood, of 

course, the necessity at that particular time not to offer 

all teachers contracts for next year that were currently 

under contract, that it was necessary to reduce the staff, 

so this was explained to the Personnel Committee of the 

Board of Education, and this was discussed rather thoroughly 

and I advised them of the situation, my evaluation of Miss 

McCrary, and came to the conclusion that she would not be 

employed —  would not be offered a contract at that particulf 

time for the ensuing school year.

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5G2A k-07
Q Now, was this same procedure followed with the 

five white teachers who were not re-offered contracts for the 

ensuing year?

A Yes, this is true, We followed the same identical 

procedure.

Q Now, Mr. Blakeney, in reaching your conclusion with

respect to Miss McCrary, did you evaJ,iiiit.e„Hxaa-HcCr.ar.v.in the

Fair Street SchiiQl^Qnl^^r--S4r^lreim^w-ida^an. far as all 

elementary teachers are concerned?

A System-wide.

Q Did you also do that for all v/hite teachers?

A Yes, we did, the necessity for reducing, the

apparent necessity at that particular time for reducing the 

teaching staff in Gainesville City Schools. We gave this 

consideration.

I had instructed the principals previously that it 

was the feeling of the Board and my feeling that to improve 

education we must improve teaching. The Board of Education 

advised us that we had been given some criticism because we 

had not been as diligent about evaluating teachers as perhaps 

we might, and that perhaps we were permitting weak teachers 

to remain in the system.

So, as we were reducing the staff, we were instructs 

to leave from the staff, without ,r.egnrxU.ta.-race,-those--—

teachers that we considered the weakest teachers, and this



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503A
____________________________________________________4o8____
is the way we proceeded.

Q Nov/, you proceeded in the same way with all black 

teachers and all white teachers?

A Yes, sir.

Q Nov/, you stated that you did not recommend the 

re-employment of five v/hite teachers?

A That is true.

Q All right, now, did you recommend the employment 

of one v/hite teacher that the Board of Education did not 

offer a contract to?

A This is true,

Q Would you explain that situation to the Court?

A I shall.

The principal and the Assistant Superintendent

recommended this teacher to me. I did not visit that 

teacher's classroom this year, I do not believe -- I had 

once had a son under this teacher, so we felt that this 

teacher was doing a satisfactory job and better than some 

other teachers —  as well as other teachers we v/ere retaining 

in the system. Therefore, we recommended to the Personnel 

Committee of the Board of Education that this teacher be 

re-employed.
The Personnel Committee did not agree with this 

recommendation, and neither did the Board of Education. So 

this teacher was not re-employed, and the recommendation of

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the principal, the Assistant Superintendent and the 

Superintendent was not taken in this case. This was a white 

teacher.

~ ..Q... -Now, Mr. Blakeney, are you losing a white home

economics teacher at the Gainesville High School next year 

by resignation?

A Yes, we are.

Q Who have you assigned to this position in the 

Gainesville High School?

A Mrs. Dorothy Baylor has been assigned to assume this 

position next year. She is now a teacher or was, during the 

past school year, of home economics at the E. E. Butler High 

School.

Q Mrs. Baylor is a Negro?

A Mrs. Baylor is a Negro, yes.

Q Is she taking a white teacher's position who has 

resigned in the Gainesville High School?

A Yes, she is.

And Mrs. Johnson, who was at E. E. Butler, also as 

a home economics teacher, was offered a contract to remain 

at E. E. Butler next year to take over the Home Economics 

Department there, but, due to her husband's assignment, has 

not been able to accept that position so far.

Q Is she Negro or white?

A She is white.

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. __________ __ ____________________________ *f!0

Q And she was to teach home economics in the 

predominantly Negro high school?

A Well, she did this year and was asked to continue 

next year, yes, sir.

Q Ho;̂  many teachers, Negro teachers, do you have this 

year in the predominantly white Gainesville High School?

A During the past school year?

■Q Right.

A We had only one.

Q Who was that?

A That was Major Nelson.

Q What did he teach?

A He taught mathematics. He has a contract to 

continue there next year.

Q Is it your judgment that he. is an effective teacher?

A. Yes, it is. We are pleased with —  we are pleased 

with Major Nelson's work.

Q How many Negro teachers will you have at the 

predominantly white Gainesville High School next year? What 

is your estimate?

A Well, at the present time we have three -- four 

assigned, I guess we have —  three assigned: Mr. Thomas,

Mrs. Baylor and Major Nelson, as of the present time, three.

Q What about the junior high school, how many Negro 

teachers have you had there this year?



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*fll

A Mr. Goodman has been teaching science at the junior 

high school this year, and Mr. Barksdale, another Negro 

teacher at E. E. Butler —

You see, due to the reduction in the number of 

pupils at E. E. Butler, it was necessary to transfer those 

teachers to another school in the system, and Mr. Barksdale 

has been transferred —

Maybe I had better get a list of those to be sure 

I remember all of these. Excuse me, Mr. Gunter. I have 

shuffled these papers for so long. I don't know where this 

list is.

We have in the junior high school, we have Mr. 

Marcellus Barksdale and, of course, Mr. Goodman will continue 

in that position.

Q Is it your opinion that Mr. Goodman is an effective 

classroom teacher?

A Yes. We have been pleased with Mr. Goodman's 

performance. .

Q Is he a Negro?

A Yes, Mr. Goodman is a Negro.

q Is Mr. Barksdale a Negro?

A Yes, he is.
Q Is it your opinion he is an effective teacher in 

the classroom?
A Mr. Barksdale has shown ability in the classroom.

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We have observed him not -- and not only has he done well in 

the classroom, but he has done well in extra-curricular 

activities, other activities that he has volunteered to do.

Q Are there any others that are going to be transferre 

any other Negro teachers who are going to be transferred to 

predominantly white schools next year?

A Yes. We have transferred —  we have transferred 

three teachers from,the Fair Street School due to the reductic 

in the number of pupils there. 'We also .have transferred some 

three teachers from that school to other schools in the 

system.

Q Can you name them? If you can find your list I 

guess you could.

A If I could find my list I could. I believe I have 

them here.

At the Miller Park School, Miss Gloria Copeland.

At the Main Street School, Miss Adelle Williams.

At the Candler Street School, Mrs. Evans.

At the Enota School, we already have Mrs. Brown, 

who is a Negro, and then Miss Gloria Young.

Q Is Miss Young a Negro also?

A Miss Young is a Negro also.

At the junior high school, I believe I have named

those already, Mr. Barksdale, and, of course, the teacher who 

was already there, Mr. Goodman, during this current year.



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508 A
____________________________________________ I___________ *+13

Q Nov/, these Negro teachers who are being transferred 

to predominantly white schools, is it your opinion that they 

are effective teachers in the classroom?

A It is, yes, sir,

Q Now, Mr. Blakeney, when you talked v/ith Miss 

McCrary, you have heard her testimony with respect to your 

conference on March the 4th, 1969, at the Fair Street School, 

v/ith her and Mrs. Harris, you have heard her testimony?

A Yes, I have.

Q Did you tell Miss McCrary on that occasion that 

her lack of effectiveness was one reason for her —  for the 

decision not to re-employ her in the system next year?

A Yes, I did. I explained to Miss McCrary and Mrs. 

Harris in this meeting the reasons for their not being 

offered contracts, that we would be reducing the staff and

we were instr ucted to..-dr op- f rom t h e'“staff r dlls "tho so teachers

that we considered that were not — were not effective in

the c 1 a ssr o,orâ ..-̂ nd---l--exp-l-airied- -t h-f-s.to--t hem - a t.that time , and

/I thought it was clearly understood,

Q Now, Mr. Blakeney, with respect to Miss Head, did 

you request Mr. Baylor to have Miss Head come to your office 

on March the 6th to give this same explanation to her?

A Yes. As I recall, I asked Mr. Baylor to ask Miss 

Head to come by my office, because I wanted to talk to Miss 

Head and explain to her -- Miss Head had done a satisfactory

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rr<jx
________ ________________________________________________ 4l4______

job of teaching. We certainly did not want to hurt Miss head. 

I wanted her to understand the situation and to understand 

the difficult decision that we had to make, and I wanted to 

explain to her, as best I could, so that she would thoroughly 

understand.

Q But Miss Head did not come to your office?

A No. It was reported to me that she seemed to be a

little upset at the announcement of this, and announced as I

recall, that she wasn't coming back anyway.

And, of course, I was relieved to hear this, because

I thought, well, if she were not coming back anyway,

certainly she would not be hurt as much.

Q All right, -Mr. Blakeney, Mr. Moore has asked you

about the employment of new Negro teachers, new to the system, 
' ✓

Have you employed a Negro teacher from Savannah State for

year?

A Yes, we have.

Q What. is this person's name?

A Miss Jenkins.

Q And she is black?

A Yes, Miss Jenkins is black.

Q Where will Miss Jenkins be assigned to teach?

A Miss Jenkins is assigned at the present time to

Main Street Elementary School.

Q Is that a predominantly white school?

So



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510 A
M l

A Yes, it is. And the principal had particularly 

asked for Miss Jenkins. He had interviewed her because of 

her proficiency in the field of math.

Q Is the principal of that school white or black?

A The principal of that school is white, Mr. T. W.

Purcell.

Q And he has interviewed" this person personally?

A Yes, he has. So have I, "and .the Assistant Superin­

tendent .

Q Is it your opinion that this new Negro teacher will 

make an effective teacher in the classroom or be a particular 

effective teacher in the classroom?

A We have evidence that makes us believe that she 

has —  it is quite possible that she will be an outstanding 

teacher. She graduated with honors at Savannah State. She 

has high recommendation from her principal where she did her

intern teaching at one of the high schools in Savannah.

Mr. English, who is the principal there, I know. And so does 

the Assistant Superintendent. I talked with him personally. 

We know this young lady's family, and they are a nice family.

We think that she will make a very fine teacher, 

q Now, Mr. Moore also asked you on cross-examination 

yesterday about recruiting. Do you discriminate between 

predominantly black schools and predominantly white schools 

as far as recruiting teachers is concerned?

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5 1 1 A

A No, Mr. Gunter, we do not, we do not discriminate 

against any school.

Of course, some schools have better reputations for 

training teachers than others, and some schools we have been -• 

you know, we have been maybe happier with the number of 

graduates we got there, but we have gotten good teachers from 

most schools or many schools, many colleges, and the school 

certainly is important, but we have gotten good teachers from 

what we consider relatively poor schools.

Q Mr. Blakeney, I will hand you Plaintiffs' Exhibit 

No. 5, which is a brochure entitled "The City of Gainesville, 

Georgia, Is A Good Place To Teach". Do you send that 

brochure to all of the units of the University System who 

provide teachers who have any kind of education school?

A Yes, we do. We make it a point to distribute this 

brochure at places where we think prospective teachers will 

come in contact with this bulletin and will become interested 

In teaching in Gainesville.

Q Do you send that bulletin to Ft. Valley College?

A Yes, sir.

Q To Savannah State College?

A Yes, sir.

Q Albany State College?

A Yes, sir.

Q Stillman College in Alabama?

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A I am not sure we have sent a bulletin to Stillman. 

We have recruited from Stillman on occasion. We have been 

pleased with the teachers we have gotten from there.

I believe so. I believe I instructed the office 

staff to get these in the hands of as many people in the 

field of education in colleges as possible.

Q Have the principals in your schools visited 

predominantly Negro colleges where teachers are produced?

A Yes, sir.

Q Do you know what principals have visited Ft. Valley 

College or Savannah State College or Albany State College?

A Well, Mr. Byas , when he was principal in the 

Gainesville City School System, did visit the predominantly 

Negro colleges,

Mr. Baylor last fall or last summer, spring and 

summer, I recall an expense account coming across my desk 

from his visiting a predominantly Negro college.

I have visited predominantly Negro colleges myself 

where I knew some people and thought that some people could 

help me.

We have had our principals visit, of course, Atlanta 

University, because we have some people that have done study 

there, and they know the people, so we try to send the person 

who can be most effective. We feel if we know the dean or 

know some of the people there we might have a little advantage

A  ?



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CM O A
^•18

than if it is someone that they did not know.

MR. GUNTER: You may examine the witness.

MR. MOORE: Just a couple.

-0-

KK-CROSS EXAMINATION

BY MR. MOORE;

Q Mr. Blakeney, according to Plaintiffs' Exhibit No. 

3 6 , a Negro contract between the City Board and the County 

Board, this contract to last for a period of 21 years, from 

November 23 —  from November the 3rd, 1953? isn't that right? 

Here it is right here?

A Yes. But that contract has been that contract 

has ended.

Q How did it end?

A That contract ended because of the county's 

desegregation plan, so that contract has ended at the end of 

this school year.

Q Have there been any formal articles amending 

concluding the contract, any formal act of the Board of 

Education?

A We have no formal act. We have a meeting set up 

tomorrow to discuss —  to discuss this with some members of 

the county board.
Q The conclusion of the contract is a matter that is 

presently under discussion by the two boards, is that right.

_S"/ch



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5 1 4 4
________________________________________________________ 41 9

A It will be discussed by the two boards. It has 

not been discussed as yet. We, both boards, I think, have 

assumed that this contract has ended.

Q I don't want you assumptions. I want you to answer 

my question yes or no.

You are discussing concluding this contract, is 

that right?

MR. GUNTER: I object to his saying he doesn't want

the witness' assumption. He has been asking everybody 

else for assumptions, and I think that this witness can 

say what he assumes about a contract that was entered 

into more than ten years before he ever came to 

Gainesville.

THE COURT: V/ell, the contract hasn't been formally

concluded. There is testimony that they will not take 

students under this contract for this year. I believe 

that has been the position of the Board throughout this 

hearing.

I don't know what Mr. Moore's point is. I think 

he should be allowed to pursue it.

BY MR. MOORE:

Q Yes or no? You are discussing concluding this 

contract at this time, is that correct?

A There has been no formal —  no formal notice of 

conclusion of this contract between the two boards of educatii

YT//



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420

I think each has assumed this.

Q Now, isn't the discussion that you are going to hav< 

with the county board related to requiring the county 

students to get releases before they are accepted into the 

city schools?

A No, this has nothing to do with the contracts. We 

have been operating with a release feature between the two 

boards because we wanted to be sure, because actually, unless 

there is an agreement between the two boards of education, 

then neither board of education would be able to get state 

money for those students that might cross from one school 

system to the other. That is why we require releases, so 

that we will be sure that the money can be transferred back 

and forth, and that each board of education will be able to 

collect the amount of money that they should for the operatio 

of their schools because of the transfer of students.

MR. MOORE: Do you have Plaintiffs' Exhibit 34,

the minutes of the local board meeting?

THE CLERK: I believe they are on the witness stand

MR. GUNTER: Here are 34 and 35, Mr. Moore.

MR. MOORE: Thank you.

BY MR. MOORE:

Q Wasn't the question of requiring releases from the 

students recently taken up at your board meeting?

A There has, over the past two or three years, there

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516 A
421

have been some questions about how students were to be 

released. In some cases I think maybe I assumed that a child 

was released and the county superintendent, there was some 

question as to whether the child had been formally released.

On occasions a child would transfer from county school to 

city school, or vice-versa, without probably the notices 

going to the principal or the superintendent's office.

This was the thing to be discussed.

There is at the present time pending, the county 

board of education does owe the city board of education some 

local tax funds for students that attended Gainesville City 

Schools during the current year, and this is what this 

discussion is about. There was some question about some 

students on that list, as to whether they had been formally 

released. That was the question there, Mr. Moore.

Q And it is true, isn't it, that the device that you 

are going to use in the future for county students is the 

release system, isn't that correct?

A We have no discussed for the future, Mr. Moore.

We are talking about the contract that has existed in the 

past. This is what we are talking about.

Q You have not used a release system, a formal written 

release system in the past, have you?

A Yes, we have.

Q When did you institute it?

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iJ-i. t /i.

k2Z

A Oh, this has been instituted, I guess, when I first 

came to Gainesville in the contract, I guess, when we revised 

this contract to some extent back in 1961, there was an 

understanding between the County Superintendent, Mr. Frank 

Knight, and I that we would have an understanding, and lists 

of students would be passed back and forth between the two 

systems. There was an understanding very early in my service 

here in this system that we would have a release system.

This has nothing to do with integration, this sort 

of thing. It is just a matter so we could keep our records 

straight as to who would be paid for and who would not be 

paid for.

Q The minutes are true and correct, is that right?

A The minutes are true and correct, if you have the

right copy.

MR. MOORE: Your Honor, I will just take it out and

point it out to the Court, the section, at a later time 

to which I will refer.

BY MR. MOORE:

Q It is true, isn't It, Mr. Blakeney, that there is 

still a strong probability that you will be receiving Negro 

or black children from the county in the coming school year? 

A We assume that we will not receive any black

S> y

children in the ensuing school year unless there is a new 

contract drawn between the two boards of education.



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518 A

Q Is there a possibility that there will be a new 

contract drawn between the two boards?

A I think not, I think not. Because the —  I have 

discussed with the county superintendent of schools, and undei 

their desegregation plan they are to take the Negro children 

attending the Gainesville City Schools back to the county

schools next year.

I have no idea that there will be any Negro childre]

coming back into the Gainesville City Schools next year.

Q Unless they come under the release plan, is that 

right?

A No. This release plan has nothing to do with this, 

Mr. Moore. This release plan had to do with white children. 

It was generally understood that the Negro children would 

come because there were no schools in the county at that time 

for Negro children. The release has been white children 

coming from the county into the city. The county has 

transported Negro children but has not transported white 

children into, the city system. So this release deals with 

white children.

In fact, we have not been requiring releases for 

Negro children to come into the city necessarily because of 

the transportation thing. It was easy to keep up with them. 

It was not easy to keep up with the others, because they 

had their own transportation, and we had to have formal

S/S



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©  . 5 1 9 A  ~ ©
________________________________________________________ h2k. . .

releases.

Q Will you have white children under the City School 

System under releases this fall?

A This I do not know.

Q Do you know personally the families of all the whites 

teachers you have hifed for 'the school year '69-'70?

A No, I do not know personally all the families.

It just so happened I knew the family of Miss Jenkins. She 

used to work for the school system.

Q Are all the white teachers you have hired for the 

coming school year honor graduates of their respective 

colleges?

A No, they are not. I wish they were, but they are

not.

q Do you know personally the principal in whose 

school each of the white teachers did tueir practice teaching!

A If they are beginners, if they are beginners, we 

know this. We don't know the principal personally necessarily 

and, if you are implying that I have to know the principal 

where a Negro teacher teaches, this is not true.

Q All right.

Now, you did not re-employ five white teachers for 

the coming school year: Mrs. Virginia Cornelison, llrs.

Daisy Pierce, Miss Mary Stephens, Miss Gloria Whiten and Mrs. 

Deborah M. Lee, is that correct?



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A No, I believe not. You are talking about the white 

teachers that were not re-employed?

Q Right.

A Now, the —  Mrs. Virginia Cornelison was not 

re-employed, Mrs. Daisy Pierce, both of these people, and 

Miss Mary Stephens, these at Gainesville High School, 

Gainesville Junior High School, Mrs. Lee, E. E. Butler,

Mrs. Judy Parks, also white.

And then — ■

Q What about Mrs. Gloria Whitten?

A We did not have a -- you mean Mrs. Gloria Whiten?

Q Whiten, yes.

A Mrs. Gloria Whiten resigned her position. She was 

offered a contract.

Q All right, now, Miss Mary Stephens, she was a 

first year teacher, is that correct?

A Miss Stephens was a first year teacher.

Q Her first year in the system?

A Yes,
Q And Mrs. Gloria Whitten was a first year teacher 

also, is that correct?
A Mrs. Gloria Whiten was not involved. She was

offered a contract.

Q All right.
Now, you testified in Attorney Gunter's office on

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S21X
426

June 18, 1969, in your deposition as follows, at Page 106, 

beginning at Line 12 -- strike that.

Gunter's office on June l8, 1969? that each of the white 

teachers whom you did not re-hire for the coming school 

year, that there was an independent reason for not re-hiring 

them running to their competence and their health and their 

maturity as school teachers, is that correct?

A There were reasons for all —  there are reasons for 

not employing any teacher or not offering any teacher a 

contract.

Q Right.

A I perhaps in the deposition stated some reasons.

Q May I refresh your memory by going to Page 105 

of your deposition, beginning at Line 2:

the school year '69-'70 because of ineffectiveness?"

Answer: "Oh, yes, we did."

Do you remember that answer?

A Yes.

Q And you remember that question?

A .1 do.
Q Question: "Would you give us their iiames?"

MR. GUNTER: May it please the Court, this

deposition is on file, and we will stipulate that these

You testified in your deposition in Attorney

"Did you fail to re-hire any white teachers for



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522 A
__________________________________________________ 1+27

are the answers that Mr. Blakeney gave in my office. 

There is no point in him reading them over and asking 

him if this is so, because it is.

Nov;, if he wants to ask him about any particular 

thing here, that is all right, but we would —

THE COURT:5 If you are going to seek to impeach 

the witness' testimony by prior statements made, either 

by deposition or out-of-court statements, you may recall 

the question and answer to him. Otherwise, I will be 

glad to read the deposition,

MR. MOORE: Your Honor, we just ask the Court to —

THE COURT: It looks like I am going to have enough

material to read as it is.

MR. MOORE: Your Honor, in connection with this

witness' testimony we would ask the Court to read 

Mr. Blakeney's deposition beginning at Line 2, Page 105, 

and continuing through 1 0 6 , 107, 108 and 109.

THE COURT: Have the Clerk mark the pages in the

deposition.

MR. MOORE: Will you mark those, please, Mr.

Pressley.

And that is in connection with the five white 

teachers who were not re-hired and the reasons for which 

they were not rehired.

THE COURT: All right.



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428

THE WITNESS: I might state, in the deposition there

was an error, I mentioned —  there was some discussion 

about one teacher who was mentioned in the deposition 

but was later offered a contract,

BY MR. MOORE:

Q Mrs. Dorothy Baylor, whom you say you have assigned 

to Gainesville High School, she was elected as ’’Teacher of 

the Year” last year, was she not?

A Yes, she was.

q And the young lady that was there before her is a 

young white lady, that was her first year in the school syste

wasn't it?
A Mrs. Johnson, this was her first year in the 

system, yes,
q will Mrs. Johnson continue with your school system 

this year?
A Well, at the present time she has not accepted the 

contract. Mrs. Johnson, due to the position of her husband,

has not been able to accept the contract.

Q Now, Mr. Blakeney, if you had discharged one of the

white teachers at Gainesville High School, you would have 

had to put Miss Head in her place, wouldn't you?

A Had we had an opening at Gainesville High School

Miss Head would have been offered a contract.

q  What I am suggesting, sir, is you say you only

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________________________________________________________ k-29
have three teaching positions in Commercial Education?

A Yes.

Q And if you had discharged either of the white 

teachers it would have resulted in one of the black teachers 

being placed in that school, would it not?

A Yes.

Q Nov;, can you tell me the number —

A But that had nothing to do with it.

Q All right.

Can you tell me the number of years that Mrs. 

Presnell has been with the school system?

A Yes. You asked for this information, so I had them 

bring it. Yes, I have the information here. The number of 

years -- your question again, please?

Q The number of years that Mrs. Presnell has been

a teacher in the Gainesville System?

A Mrs. Judy Presnell has been a teacher in the 

Gainesville System, she has just finished her second year 

with us in the Gainesville School System.

q Would you tell me the number of years Mrs. Glass 

has been in the Gainesville System?

A She has just finished four years.

q Mrs. Glass has just finished four years?

A Correct,

MR. MOORE: I don't have any other questions of

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this witness.

^ 0

-0-

KC-DIRECT EXAMINATION

BY MR. GUNTER:

Q How many years of teaching experience does Mrs. 

Presnell have?

A Mrs. Presnell has —  she has only two years teaching 

experience. All of it has been with us.

Q In this system?

A In this system.

Q She has no previous teaching experience?

A She has no previous teaching experience.

Q How many years of experience does Mrs. Glass have 

other than the Gainesville System?

A Mrs. Glass has four years experience in our system 

and two years experience in other systems, a total of six 

years.

Q All right.

Now, Mr. Blakeney, Mr. Moore's questions to you 

concerning the contract between Hall County and the City of 

Gainesville has inferred that Gainesville is not losing 

300, approximately 2^0 to 300 Negro students to Hall County 

next year.

Now, can you explain to the Court what you have 

been told by the Superintendent of Schools of Hall County

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with respect to the losing of Negro teachers -- Negro 

students to the county?

MR. MOORE: I would object to any conversations

between the Superintendent of Schools of Hall County. 

That would be hearsay and incompetent, Your Honor.

THE COURT: We have had a lot of hearsay in this

case, but this is first time it has been objected to.

I will sustain the objection.

BY MR. GUNTER:

Q Mr. Blakeney, have three hundred students, black 

students, been taken out of the Gainesville System to the 

county system in the year 1967-68?

A This is true, yes, sir.

Q Do you believe that you will lose 300 students, 

between 2^0 and 300 black students to the county in the year 

X969-7 0 , irrespective of the contract which Mr. Moore says 

has until 1973 to run?

A We have had —  we have entertained no idea that 

the approximately 300 black students that left during the 

school year '67-'68 and the approximately 300 black students 

that attended our city schools this year, we have entertained 

no idea that they would return to the Gainesville City School 

next year.

The Board of Education and I, we have discussed 

this with the county school superintendent. It has been a

if 2- 3



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tro^ x/V * .'l

________________________________________________________ ^32

common understanding between both of them that there would 

not be, these Negro children would not come back to the 

Gainesville City Schools.

Q Nor remain in the Gainesville City Schools?

A Nor remain in the Gainesville City Schools.

Q Mr. Blakeney, have you read a copy of Hall County's

plan approved by HEW?

A I have, sir. I have a copy of it in my office.

Q Does that plan require that all Negro students in

the City System be returned to the Hall County System?

A

MR. MOORE: Objection?

(By the witness) It does.

MR. MOORE: Objection, Your Honor. The plan itself

is the highest and best evidence of what is contained. 

THE COURT; Sustained.

MR. GUNTER; Would the Court permit me to send for 

a copy of the plan?

BY MR. GUNTER;

Q Do you have a copy of the Hall County Plan in your

office, Mr. Blakeney?

A Yes, I have a copy in my files, yes, sir. I

thought I perhaps had it along with me, but I do not I do

not believe it is in this folder on desegregation plans.

MR. GUNTER: Also, I would like to, in view of this

I did not knov; this was an issue in the case, if it pies

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the Court, at this time I would like to ask for a 

request to either call the county school superintendent 

or take his deposition, the county school superintendent. 

I had not anticipated that the Plaintiffs would contend 

that Gainesville is not losing approximately 600 students 

from the City System to the County System, and, in view 

of Mr. Moore’s contention, i would like to have the 

opportunity of calling these witnesses or taking the 

deposition of the county school superintendent to show 

exactly what the position is.

THE COURT: The Court has not restricted you on the

number of witnesses or who you may call, so, if you 

desire to call him as a witness, or if you desire to take 

his deposition, you may.

THE WITNESS: Here is a copy of this plan. I did

file it in my files here. This is a copy of a letter to 

the superintendent. This was passed on to me by the 

Superintendent so that we would be duly notified that 

these students would be going back to the county, and 

that has been followed to the letter.

MR. GUNTER: If you will identify this letter as a

defendants' exhibit.

THE CLERK: Yes, sir.

Defendants' Exhibit for identification No. 2 is a 

photostatic copy of a letter dated August 18, 1967, to

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trpQ A

Mr, Richard Fairley,

(Whereupon, the above document was marked for identification 

only as Defendant's Exhibit No. 2.)

-0-

BY MR. GUNTER;

Q Mr. Blakeney, I hand you Defendant's Exhibit No. 2. 

Did you receive this in the normal course of the mails, a 

copy of a letter from the Hall County School Superintendent?

A I did, sir, Mr. Herbert L. Strickland.

Q And has it been in your file since then?

A Yes.

Q What does it indicate?

A It indicates to me what it says, that these 

students, in the orderly process, will gradually go back to 

the County, and this is the last year, and this is the end of 

it.

Now, under the terms of this contract, seniors, 

graduating seniors who would be graduating next year, would 

be permitted to continue in the Gainesville City Schools or 

in E. E. Butler, if they so chose, but that would be a very 

few students.

MR. GUNTER; No further questions.

MR. MOORE; I have no further questions.

MR. GUNTER: I offer the exhibit.

MR. MOORE; I have no other questions.

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MR. GUNTER: I offer the exhibit in evidence,

Defendant's Exhibit No. 2.

THE COURT: All right, any objection, Mr. Moore?

MR. MOORE: No objection, Your Honor.

THE COURT: All right, let it go into evidence.

You may go down.

(Whereupon, the witness was excused from the stand.)

-0-

THE COURT: Let's take a fifteen-minute recess.

(Whereupon, Court was recessed at 3*30 P.M., reconvening at 

3:55 P. M.)

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AFTER RECESS

THE COURT: All right, Mr. Marshal, will you go out

and get Mr. Moore. I guess he is outside.

MR. GUNTER: Would you ask Mr. DeLong to come in,

the next witness.

THE CLERIC: Mr. DeLong, if you will take an oath,

please.

The evidence you shall give in the issue joined 

between Rosa A. Head and others and R. D. Blakeney, 

individually and as Superintendent of Schools, and 

others, shall be the truth, the whole truth and nothing 

but the truth, so help you God.

MR. DeLONG: I do.

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531.4. Q
____ ____________________________________________________W

THE CLERK: All right, sir, just have a seat, sir.

-0-

G. HAROLD DeLONG,

Called as a witness by the Defendants, after having first 

been duly sworn, testified as follows:

* DIRECT EXAMINATION

BY MR. GUNTER:

Q Mr. DeLong, you are president -- you are chairman 

of the Gainesville Board of Education?

A This is correct.

Q Would you state your full name for the record?

A G. Harold DeLong.

Q You reside in Gainesville , Georgia?

A That's right.

Q Mr. DeLong, how long have you been on the Gaine

City Board of Education?

A I have been on two years. I am beginning my third

year.

q For the past school year have you been chairman 

of the Personnel Committee of the Board of Education?

A Fpr the past year?

Q Yes, sir.

A That's right.

Q And you have just been elected as Chairman of the

full Board of Education for the coming year?

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532A 3̂7
A This is correct.

Q Mr. DeLong, you have heard Mr. Blakeney's testimony 

with respect to the function of the Personnel Committee. Woul 

you explain to the Court what the Personnel Committee has^done 

in the case of Miss Head, the Plaintiff in this case?

A In our Personnel Committee Meetings Mr. Blakeney 

submits the name of the person that we are discussing, and in 

this meeting he also explainŝ Ĵ ê -fllialjXj-catj-°ns an  ̂ the 

experience, any pertinent matters pertaining to the person, 

and then he gives us his advice or his recommendation, along 

with any recommendation from some of the staff members.

Was that done in the case of Miss Head?

A It was.

Q Was that done in the case of Miss McCrary?

A It was.

Q Did the Personnel Committee vote to go along witn

the Superintendent's recommendation?

A The Personnel Committee voted to go along with his

recomrnendat ion.
Q Now, who were the members of the Personnel Committe 

this past year?
A Mr. Perrin Reynolds, Mr. Avery Nicholson, Mr. Austiji

Brown, Dr. Stribbling and myself.

q All members are white except Mr. Austin Brown?

A That's right.



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crnnt ad u O l 1
!Q8_____

Q Mr. Austin Brown is a Negro?

A He is a Negro.

Q Do you know how long he has been serving on the 

Personnel Committee?

A No, I do not. I have been on the Personnel 

Committee two years, and he was on the Personnel Committee 

both of these years. How far back beyond that, I do not know.

MR. GUNTER: You may examine the witness.

-0-

CROSS EXAMINATION

BY MR. MOORE:

Q Mr. DeLong, has your Personnel Committee ever 

hired a teacher who was not recommended by the Superintendent 

of Schools?

A Has the Personnel Committee hired a teacher not 

recommended?

Q Yes.

A No, sir.

Q Has the Personnel Committee ever recommended the

hiring of a teacher not recommended by the Superintendent

to the full board?

A My answers to this will be in the length of time 

that I have been on it, and I would say no.

Q Is it customary in the usual practice for the 

Personnel Committee to act on the recommendation of the



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5 3  4 A ^39
Superintend ent ?

A It is customary that the Personnel Committee act 

on the recommendation of the Superintendent but not necessari

Q Is it customary for the Personnel Committee to 

follow the recommendation of the Superintendent?

It usually^does, but not always.

Can you cite any instances where it has failed to 

follow the recommendation?

I can.

Would you please do so?

Yes.

In the case of —

Miss Groves?

I will say who.

I was just trying to help you so we can go home.

I believe the case was Mr. Garrison, I believe, 

that v/as recommended to the Personnel Committee, and the 

Personnel Committee did not accept the recommendation.

Q Was there any reason for that independent action?

A To my recollection some of the members of the 

Personnel Committee felt it would be better not to hire him.

Q Why was that?

A If I remember right, the main objection was that he 

had moved around a considerable amount among different school 

systems.

A

Q

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Q He was not a stable —

A He wasn't steady.

Q He wasn't a steady employee.

There are other examples that you can cite, sir?

A Not offhand, I don't remember.

MR. MOORE: Very well, thank you very much.

MR. GUNTER: You can come down.

(Whereupon, the witness was excused from the stand.)

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MR. GUNTER: Dr. Stribbling, will you take the

witness stand.

THE CLERK: Will you take an oath, please.

The evidence you shall give in the issue joined 

between Rosa A. Head and others and R. D, Blakeney, 

individually and as Superintendent of Schools, and 

others, shall be the truth, the whole truth and nothing 

but the truth, so help you God.

DR. STRIBBLING: It will.

THE CLERK: All right, sir.

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536A
bhl

DR. W. D. STRiBBLING, III

Called as a witness by the Defendants, after having first 

been duly sworn, testified as follows;

DIRECT EXAMINATION

BY MR. GUNTER;

Q Will you state your full name for the record, please

sir?

A Dr. W. D. Stribbling.

MR. MOORE; Excuse me. Did he say "Dr. W. D. 

Stribbling?"

THE WITNESS; Correct.

MR. MOORE; Thank you very much.

BY MR. GUNTER;

Q You reside in Gainesville, Georgia?

A I do.

q Are you a member of the Gainesville City Board of 

Educat ion?

A That is correct.

Q How long have you been a member, Dr. Stribbling?

A I am in my second year now.

Q For the past year have you been a member of the

Personnel Committee?

A I have.

Q Dr. Stribbling, do you recall -- strike that.

H-QW--do.es the Personnel Committee enter into the

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_________________________________________________________ *+**2_____

decision about hiring, rehiring or not rehiring personnel in 

the school system?

A The applicants for employment, the prospective 

rehiring of teachers, are first examined by the professional 

staff. Their qualifications, letters of recommendation, 

application forms ar»e secured by the professional staff.

These prospective applicants, if. it be prospective or for 

rehiring purposes, are presented to the Personnel Committee 

with their application forms, their credentials, background, 

this type of information. They are discussed by the 

Personnel Committee. The recommendations of the professional 

staff are asked for, and they are acted on by the Personnel 

Committee.

Q Was this procedure followed in the case of Miss 

Head and Miss McCrary?

A It was.

Q Did the school superintendent make his recomnendati<

as you have heard him testify to the Personnel Committee?

A He did.

Q With respect to these two persons?

A That's right.

Q And did the Personnel Committee discuss their

recommendations and act upon it?

A They did.

Q What was the action taken by the Personnel Committee!

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A The Personnel Committee decided that they not be 

offered contracts for the coming year.

MR. GUNTER: You may examine the witness.

-0-

CR03S EXAMINATION

BY MR. MOORE:

Q Dr. Stribbling, is it customary practice and 

custom of the Personnel Committee to follow the recommendatio 

of the Superintendent?

■A I would say the majority of the time the 

recommendation of the Superintendent is followed.

Q And does the Personnel Committee follow the

recommendation of the Superintendent irrespective of whether 

it is a recommendation to hire one or to fire?

A We do not always follow his recommendation. The 

majority of the time, if he recommends to hire, we will hire, 

and if he recommends to not hire, we will not hire, but it 

depends on the individual case. There are instances when we 

have not followed his recommendation.

Q Would you give us an example, sir?

A I can.

Miss Lee, during the past year, was recommended to 

the Personnel Committee by the Superintendent and the 

professional staff. It was the opinion of many members of 

the Personnel Committee that the teacher may well have lost

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her effectiveness in the community, and we overruled this 

recommendation.

Q Yes.

And in the instance of Miss Decoda Lee, there had 

been criticism of her from members of the community, is that 

correct?

A That is correct.

Q And, because of that criticism, there was a decisio. 

by your Personnel Committee not to offer her a contract?

A This and other reasons.

Q All right.

Could you give us some of the other reasons, if you

know them?

A Well, the Personnel Committee and the Board of 

Education is really the only link between the public and the 

administration, or, at least, this is part of our function, 

as I see it, anyway, and most of the -- in this particular 

case it had to do with continued and long standing criticism 

of her performance in the classroom, and this was the prime 

reason.

Q And was this criticism rather widespread in the

community?

A That was my impression, yes, sir.

Q And it was criticism of such strength that the Boar

felt that it should respect it and not rehire her?

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A That's correct.

MR. MOORE: Thank you. No other questions.

MR. GUNTER: You may come down.

(Whereupon, the witness was excused from the stand.)

-0-

MR. GUNTER: Mr. Reynolds, will you take the stand,

Mr. Perrin Reynolds.

THE CLERK: Mr. Reynolds, if you will take an oath,

please, sir.

The evidence you shall give in the issue joined 

between Rosa A. Head and others and R. D. Blakeney, 

individually and as Superintendent of Schools, and 

others, shall be the truth, the whole truth and nothing 

but the truth, so help you God.

MR. REYNOLDS: Yes.

THE CLERK: All right, sir.

-0-

PERRIN C. REYNOLDS.

Called as a witness by the Defendants, after having first 

been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. GUNTER:

q Would you state your full name for the record, 

please sir?

A Perrin C. Reynolds.



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Q Mr. Reynolds, you are a resident of the City of 

Gainesville?

A That1s right.

Q And you are a member of the City Board of Education'3

A Yes, sir.

Q How long have you been a member?

A I am going into my third year as a member of the 

Board of Education.

Q For the past year have you been a member of the 

Personnel Committee of the Board?

A Yes, sir, I have.

Q Do you recall the recommendations and discussions

in the Personnel Committee with respect to Miss Head and Miss 

McCrary, the Plaintiffs in this case?

A Yes, I do.

Q Will you relate to the Court what took place in the 

discussion of these two Plaintiffs in the Personnel Committee 

Meeting?

A As I remember, the Superintendent, who met as part 

of the committee, made recommendations as to Miss Head and 

Miss McCrary' that after an evaluation by himself and by his 

staff, that they thought that they should not be given a 

contract because of their ineffectiveness as a teacher or as 

teachers.

Q Was this discussed by the members of the personnel

s~ 3



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542A 447

committee?

A Yes, it was.

Q Did the Personnel Committee go along with the 

Superintendent's recommendation in these two cases?

A Yes, we did.

Q Mr. Reynolds, during the three years that you have 

been on the Board, has there been any action taken by the 

Board with respect to upgrading the faculty of the Gainesvills 

School System?

A We have had suggestions at various times in board 

meetings, and we have asked the principals of various schools 

to attend some of these meetings where they have stressed 

bettering the quality of education in the Gainesville School.

I think it has been the opinion of the Board that by having 

better teachers or better-qualified teachers or upgrading 

our teachers that we would have a better educational system 

in Gainesville. I think this is generally felt by most of 

the members of the Board.

MR. GUNTER: You may examine the witness.

-0-

CROSS EXAMINATION

BY MR. MOORE:

q Mr. Reynolds, is it customary for the Board to 

follow the recommendation of the Superintendent of Schools?

A I would say most of the time that we do, yes.

S'3?



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448
Q All right.

Can you cite me any example where you have failed 

to follow the recommendation of the superintendent?

A I remember principally Miss Decoda Lee, who was a 

teacher at the junior high school. We did not follow the 

Superintendent's rechmmendation as to offering Miss Lee a 

contract.

Q And was that for the same reason that Dr. Stribblin;! 

testified just a moment ago?

A • Yes, it was.

Q And your testimony, if I asked you the same questio:"

would be the same?

A That's correct.

MR. MOORE: No further questions.

MR. GUNTER: Come down.

(Whereupon, the witness was excused from the stand.)

-0-

MR. GUNTER: Mr. Avery Nicholson, will you take the

stand?
CLERK: Mr. Nicholson, will you take an oath, pleas*

sir.

MR. NICHOLSON: Yes, sir.

THE CLERK: The evidence you shall give in the

issue joined between Rosa A. Head and others and R. D. 

Blakeney, individually and as Superintendent of Schools.



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and others, shall be the truth, the whole truth and 

nothing but the truth, so help you God.

MR. NICHOLSON: Yes.

THE CLERIC: All right, sir.

-0-

AVERY J. NICHOLSON,

Called as a witness by the Defendants, after having first 

been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. GUNTER:

Q Would you state your full name for the record, 

please, sir?

A Avery J. Nicholson,

Q Mr. Nicholson, are you a resident of the City of 

Gainesville?

A Yes, sir.

Q Are you a member of the City Board of Education?

A Yes, sir.

Q How long have you been a member of the City Board

of Education?

A Starting on my second term, an expired term, about

four years and a half.

Q You have been on the Board about four and a half

years?

A Yes, sir.



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Q For the past school year were you a member of the 

Board’s Personnel Committee?

A Yes, sir.

Q Vlhen does the Personnel Committee ordinarily meet?

A Well, they start meeting along —  several meetings, 

I guess you would say, starting along in February and March.

Q Is it customary for the Personnel Committee to meet 

on a certain night but prior to the regular board meetings?

A Yes, before the board meetings, and we have had 

special meetings.

Q Do you recall the discussion in the Personnel 

Committee meeting concerning the recommendation of the 

Superintendent with respect to the two Plaintiffs in this 

case, Miss Head and Miss McCrary?

A Yes, sir, I do.

Q Did Mr. Blakeney recommend to the Personnel Committe 

that these two teachers not be given contracts for the follow, 

year?

A Yes, sir. He recommended they not be given due to 

cutting down on -- the loss of students and the staff, 

recommendation from the staff and all and the quality of 

education.

For the last three years on the Personnel Committee 

that I particularly remember, we have heard a lot of —  have 

had a lot of complaints of upgrading the schools, too, and it



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been mentioned here before, too, in different cases, I mean 

different witnesses, and we met with the principals, the 

Board has, the whole Board has met with the principals for 

the last two years and asked them, told them we needed 

quality teachers, and they have been authorized by the Board 

to do that, to upgrade the teachers.

Q Did the Personnel Committee go along with the 

Superintendent's recommendation with respect to Miss Head 

and Miss McCrary?

A Yes, sir.

MR. GUNTER: You may examine the witness.

-0-

CROSS EXAMINATION

BY MR. MOORE:
q Mr. Nicholson, is it a customary practice for the 

Personnel Committee to follow the recommendation of the

Superintendent of Schools?

A Well, not necessarily every time. In hiring 

teachers, about the only way we can base it is on the staff, 

what they say. As a Board member, it is hard to leave your 

job and go around and observe and hire or fire a teacher.

q Can you cite any examples in your four and a half 

years on the board where the Personnel Committeehas not 

followed the recommendation of the Superintendent?

A Well, the few cases Dr. Stribbling and Mr. Reynolds



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________________________________________________________ *+52

mentioned a while ago, and I have heard several discussions 

that was as far as teachers got in Personnel Committee meetin 

several different cases besides that. I don't remember 

particularly the names.

Q You just don't remember the cases, is that correct?

A And names, because you leave that when you leave

the meeting.

MR. MOORE: All right, I have no other questions.

MR. GUNTER: You may come down.

(Whereupon, the witness was excused from the stand.)

-0-

MR. GUNTER: I call Mrs. De La Perriere, please.

THE CLERK: Will you take an oath, please.

The evidence you shall give in the issue joined 

between Rosa A. Head and others and R. D. Blakeney, 

individually and as Superintendent of Schools, 

and others, shall be the truth, the whole truth and 

nothing but the truth, so help you God.

MRS. DE LA PERRIERE: Yes.

THE CLERIC: Just have a seat, please, ma'am.

-0-

-5TV



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5 4 8 A
--------------------------------------------------------------- ---------

MRS. DOROTHY CHAMBLISS DE LA PERRIERE.

Called as a witness by the Defendants, after having first 

been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. GUNTER:

Q Would you state your full name and spell your last 

name for the record?

A Well, let's see, it is Dorothy Chambliss De La 

Perriere. My last name is spelled capital D, and a little E, 

capital L, little a, capital P-e-r-r-i-e-r-e.

Q Mrs. De La Perriere, are you associated with the 

City Board of -- City School System?

A Yes, I am.

Q What is your position in the school system?

A I am Art Supervisor for the Gainesville City Schools. 

Q Would you please speak just a little louder so the 

Judge can hear you?

A I am.Art Supervisor for the Gainesville City Schools. 

Q What is your educational background?

A Well, I graduated from Girls High School in Atlanta,

and then I attended the University of Louisville, Emory 

University, the University of Georgia, and I received a B.F.A. 

Degree.

I studied at the University of Louisville Art Center. 

After I graduated from college I taught at the



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r~ /! O  A

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Louisville Art Center for two years. Then I went back to 

the University, and I received a Master's Degree from the 

University of Georgia.

Q Master's Degree in Fine Arts?

A In Education.

Q In Educatibn?

A Yes.

Q How long have you been associated with the GainesviL 

School System?

A This is my fourth year with the Gainesville School

System.

Q And have you been in the same capacity all four 

years?

A I have been in the same capacity all four years.

Q All right.

Nov/, Mrs. De La Perriere, what do you do as far as 

the elementary schools are concerned?

A What do I do as far as the elementary schools are 

concerned? Well, when I first came here it v/as felt that 

the teachers, as well as the pupils, needed some help in art. 

So the first year I was here, in fact, the first three years, 

we had in-service training for teachers after school where I 

tried to show them different techniques and processes in art 

that they could use with the children and tried to show them 

on the level that the children could succeed in these



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techniques.

Also, I go to the classrooms and work with the 

children in every one of the elementary schools. I do 'work 

about five or six classes every day with children, sometimes 

more.

Q Mrs. De La Perriere, tell us what you do on this 

in-service training and when is this conducted?

A Well, teachers are required to stay thirty minutes 

after school is out, and during this thirty minutes I would 

take materials whereby the teachers could actually engage in 

these things so they would be a more meaningful thing to them , 

and I would show them different ways of using the materials 

that we had available in the City System so that they could 

take these things' back into the classroom and do them with 

the children.

Q Now, Mrs. De La Perriere, do you know the Plaintiff, 

Miss McCrary?

A Oh, yes.

Q Will you explain what you have done the last four 

years as far as your, connection or your interest in the lair 

Street Elementary School, what have you done there, what day 

of the week do you go over there?

A Well, I have spent a full day there for the last 

four years. Now, this year I have not had the in-service

I have been available for them aftertraining for teachers.



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school for any time they needed me to help them, but I have 

not had in-service this year, because we felt the teachers 

could carry on a successful program without it.

But, as far as Miss McCrary was concerned, in this 

in-service, she did come for those three years, and I have 

been in her classroom for the last four.

Q Were you asked to make, by the City School 

Superintendent, prior to March, 19&9? to evaluate or make a 

recommendation to him concerning Miss McCrary?

A No, not as such, no. Usually when I had anything 

about Miss McCrary I went to the principals, because I felt 

like this was the first place to take anything up.

q Did Mr. Blakeney at any time before March, 1969,

though, request you to make an evaluation of Miss McCrary 

to him?
A He has asked me how I felt, if she was effective,

Q ' ’What did you tell Mr. Blakeney?

A Well, she is not effective in art.

Q Now, on what do you base that?

A Well, these different things that we have done 

Miss McCrary has not done with the children. X felt that 

this was something that we were trying to do, because our 

curriculum guides for the schools, and also to be an 

accredited school with the Southern Association, we are

required to have a certain amount of art in the classrooms,



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55,?A

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for elementary children, and it has to be offered as an 

elective for the upper classes, and I did not see signs of 

this.

MR. MOORE: Pardon me?

BY MR. GUNTER:

Q I didn't understand you.

A I did not see signs that she was doing the things 

that I had shown them how to do.

But then she was, most of the time she was very 

late getting there.

Q Getting where?

A To the in-service. When we were holding in-service, 

she was usually quite late, and she did not carry the differe;: 

things that I had shown them back into the classroom.

Q Now, did you visit her classroom this past year?

A Oh, yes. I go about every six weeks.

Q Now, with respect to all of the elementary teachers

in the system, do you go to every elementary school?

A I go to every elementary room, including the three- 

and four-year-old program, through the sixth grade every week, 

I go to the elementary schools. There are five.

I also to to the junior high and the high schools, 

but, since we have had another art person, I do not have to 

go there everyday, every week, as I had in the past, because 

it is now offered as an elective, and he takes care of the



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upper grades, but I do go often to check. I go to every room

in the elementary schools in this city.

Q All right.

With respect to all elementary teachers in the 

system, how did you rank Miss McCrary to the Superintendent 

of Schools?

A Well, she would be weakest art-wise, I would think.

Q Weakest?

Would that include every elementary school teacher?

A That would be every teacher in this city.

MR. GUNTER: You may examine.

CROSS EXAMINATION

BY MR. MOORE:

Q Mrs. De La Perriere, you testified that you go to 

each elementary school in the system, is that correct?

A That's right. There are five.

Q How frequently do you go to the Fair Street School?

A Every week, one day a week.

Q And when you are there are you there for the purpose 

of servicing each of the grades and classes at that school?

A I don't try to service each class each week. When 

I am there I try to get in as many classes as possible.

Now, when I go, it is usually five or six classes 

that particular week. However, I do go by and look in on 

the others, and, quite often, visit some of the other rooms.

jffo



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554A
— — ------------- — __________________________________ ^59

But, as far as actually teaching an art experience, 

or allowing the children the opportunity to have it, I only 

get to about five or six classes that particular week.

Q All right.

Your testimony, then, would be that you do not go -- 

you do not go to Miss McCrary's class every week, is that 

correct's

A No, I do not go every week.

Q Would you --

A To Miss McCrary's class.

Q Would you give us the frequency with which you wouli 

go to her class?

A About every six or seven weeks.

Q About every six or seven weeks?

A Yes.

Q And each time you would go her class how long would 

you stay there?

A Oh, about an hour, an hour and a half.

Q And what would you do?

A Well, I didn't ever repeat the same thing. The 

next time I went back maybe we would work with clay. Sometine 

we did work in frotthee. Sometimes we did work with tempras 

or crayons. It would depend on whatever I had set up really 

for that period.

Usually I try to keep all our city schools on about

JTJV



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t-trc; A
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the same art processes, and whatever I had designed for that 

particular period is what I would do in that particular 

situation.

Q And did Miss McCrary work along with you when you 

would come?

A When I would come to the room usually there wasn't 

any need really for her to work along with me, no.

Q You would work with the children by yourself?

A I worked with the children, right.

Q And was this the period and the amount of art 

instruction you were required to give them?

A I didn't understand your question.

Q Was this the period and the amount of art

instruction that you were required to give these children?

A Well, I don't know what you mean by that word 

"required". This was the amount of time that I spent with 

them until they were finished. We didn't have any particular 

time set up that I was supposed to stay. I stayed with tnem 

until they finished the process that they were doing.

Q And did you bring the materials, the art supplies 

that they would use, or were they already there?

A Usually I brought the art supplies with me, yes. 

Sometimes, if they knew I was coming, I would ask some of the 

teachers to have certain things, but I usually carried them 

with me, because this simplified having to send back for then.



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Q All right.

I take it that the art materials and supplies which

you used in your teaching were kept at some central office or 

some central location, is that correct?

A The ones that we used with the children were kept 

at the Fair Street School in a storage room. The ones that I 

used with teachers I had at the central office, and I carried 

them with me when I went to those meetings for in-service.

Q I merely talking about the children now.

A All right. I got them from the storage room at the

school.

Q All right, was it the procedure that these supplies 

were to be locked up in the storage room until you came to 

the school?

A All supplies at that school are locked until they 

are requested by a teacher. No, they weren't locked up just 

for me. They were locked up until they requested them. The 

teachers could get them just the same as anyone el^e.

Q The same as you could, is that correct?

A Yes.

Q All right.

Now, did you ever make any investigation of Mrs, 

Trawick or Miss McCrary to determine whether or not Miss 

McCrary had checked out those materials when you were not 

present at the school?

Ss'~-



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*+62
5 5 7 A

A I had no reason to investigate to see whether she 

checked out any materials. I was not concerned with whether 

she used the materials.

Q Did you determine whether she had used the materials'^

A I could not see signs, and I talked to the children,

and they did not —  they would say that they hadn't had an 

art experience since I was there the last time.

Q You talked to the children? What kind of art 

experience are you talking about?

A The kind that I go around and do with the children.

Q And just what do you do with the children?

A You asked me that question.

Q I would like to know just what kind of art experience 

you do with the children?

A You want me to repeat it?

Q Yes.

A All right. Sometimes we worked in sculpturing. 

Sometimes we would do things in graphics, which are your 

printmaking processes. Sometimes we do things in painting 

which involves the use of tempras or washes. Sometimes we 

worked with wash, which is your earth pigment paintings. We 

do different things. Sometimes we worked with torn and cut 

paper.

Q Anything else?

A Quite a number of things.

j'sY



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Q All right, would you give us examples?

A Well, sometimes we used paper mache. Sometimes we 

made mobiles. Sometimes we made things where -- petit process, 

Sometimes we have worked in photomontage. Sometimes we 

worked with wax resit. All of these involve -- some oi them 

involve painting. Some of them involve the use oi crayons.

Q All right.

Did you do all these things with the fourth grade

class that Miss McCrary conducted?

A I did not do all those things. I only get there 

about every six weeks. Miss McCrary, it is the responsibility 

of the classroom teacher to teach art as well as other 

subjects. The things that I taught her was on an average 

of once every six or seven weeks, so I could not do everythin 

i-n that particular time. We only go to school 180 days.

Q All right.

The fact of the matter is when you would go to Miss 

McCrary's class, all of these things that you say you would 

do in the school system, you didn't do in her class, is that

correct?
A Some of them, a great many, yes.

Q Did you do the same thing for the fourth grade that 

you did for the third and the rest of the grades in the 

elementary school?
A With certain variations. Some of the processes are

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more successful for older children. Some of them are more 

successful for the younger children. For the most part, most 

of the children in the elementary schools can do a great many 

of the same processes. Only some of them are a little bit —  

the level in which they can do these is a little bit higher.

Q All right. Did you ever take this matter up with 

Miss McCrary? Did you ever speak to Miss McCrary and say 

that she was ineffective in teaching art?

A I would not say that to Miss McCrary.

Q Did you ever say it to her principal?

A Yes, I have told Mr. Baylor, and I have spoken to 

Mrs. Trawick, she was not very effective in art.

Q What did you -- tell me precisely what you meant 

by that?

A Well, precisely what I meant by that, by not being 

effective in art, primarily she didn't have art in her 

classroom in a creative manner. Some of it she -- the only 

signs X ever saw was something that oh, maybe she had beer 

teaching some unit, and there were a few pictures maybe 

drawn of that particular thing, and outside of that I never 

did see any work that the children had done in art, except 

those things that were done when I was there.

Q All right.

And what do you mean by "creative"?

A "Creative"? Creative art would be processes that



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are individualized. There are things that the child doesn't 

copy anything from. He doesn't use a stereotype sort of thing 

He develops his own impressions, his own —

Art is actually a visual means of communication, and the 

child, in being creative, creates his own images and not 

something that he looks at in a book or something and copies.

Q Yes.

Mrs. De La Perriere, there is substantial profession 

disagreement as to whether or not art is limited to a visual 

communication, isn't there?

A Not that I have been taught.

Q You have not been taught anything like that, is 

that correct?

A No.

And when I was getting a Master's Degree and I took 

courses in supervision of art on the graduate level at the 

University of Georgia, there was no disagreement on that 

point.

q At the University of Georgia?

A That's right.

Q But you would not say that other professionals --

A Yes, I would say that other professionals, I don't 

believe that you would find any person in the art education 

field that would deny the fact that anything creative must 

be from the child's own visual impressions for a young child.

S's 7



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Q All right.

You are not saying that art is totally a visual 

expression; isn't it also a subjective impression, the child's

feelings, his emotions, his background?

A Oh, yes, yes.

Q All right.

So you are not denying that, are you?

A No, I am not denying that. It must be an inward 

thing.

q Do you want to correct your testimony, then, that 

it is totally visual?

MR. GUNTER: May it please the Court, she did not

say that, in the first place. And he is asking her if 

she wants to correct herself, I object to the question.

MR. MOORE: I think it is a proper question, Your

Honor. I think it is adjusted to the testimony.

THE COURT: He can cross-examine her about her

idea of what visual art might be.

MR. GUNTER: He has asked her, may it please the

Court,'if she wants to correct herself, and she has not 

said --
THE COURT: Perhaps the use of the phrase "correct

yourself" might be improper. Aside from that, you have 

the right to cross-examine.

THE WITNESS: Let me just explain what I mean by



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"visual” . I think maybe you are misunderstanding me or 

else I am misunderstanding your question.

By a visual expression I mean that the child can 

put his impressions down where others can see it. It is 

a thing that is taken through the eyes.

I realize that dance is art, that music is art. But 

the only type that I am concerned with is the visual 

type, because I am interested in what the child can put 

down that can be seen.

Now, does that correct it for you?

MR. MOORE: It corrects me —  it corrects it —  it

clarifies it, at least, and it leads me to the opinion, 

and I am going to ask you another question.

BY MR. MOORE:

Q You have a one-dimensional definition of "visual 

art", don't you, or the function of art?

A The only thing that I am employed for is the art 

that pertains —  that that can be seen, that area of the arts, 

I am not employed for drama or music or dance.

Q You wouldn't say that visual art, paintings, drawing 

mosaics, are not dramatic and exciting, would you?

A I think they are very exciting.

Q So your answer would be -- you would answer my

question favorably, wouldn't you?

I really don't think so, because I think you areA



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trying to tv/ist my words. I think that it is definitely 

something that is visual. It is something that is taken in 

by the eye.

And I do believe that music and drama play a great 

part in your emotions,, that it gets you to do this expression. 

But, on the other hand, I am only primarily interested with 

children, in getting them to put theirs in a visual manner 

involving those four areas: graphics, sculpturing, painting

and -- I am not concerned with music.

Q Let’s see if we can agree on this. One, Mrs. De 

La Perriere, it takes more than the hand and the eye to 

create a work of art, doesn't it?

A Yes. I tell them often they can do it with their 

feet if they like.

Q You agree with that?

A Yes.

Q And it takes more than the eye to see and understan 

and appreciate a work of art, doesn’t it?

A Yes.

Q It takes a total experience, a total person --

A Yes.

Q -- to understand art, is that correct?

A That is right.

Q So the appreciation of the creativity of a child 

and the child's expression of his creativity is an extremely

a



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subjective matter, isn't it?

A Just how do you mean this question?

Q Just the way I asked it.

A Would you repeat it, please?

MR. MOORE: Read it back.

REPORTER: "So the appreciation of the creativity

of a child and the child's expression of his creativity 

is an extremely subjective matter, isn't it?"

A (By the Witness) You could say so, yes.

Q Is it your responsibility to help the teacher 

develop an art?

A Yes. That is why we had the in-service for teacher

for three years, was to enable teachers to develop so that

they could teach it successfully, because at one time in our 

certification teachers were not required to take art. It is 

now a required subject matter to get certified, but it hasn't 

always been. Many of our teachers got their certification 

before they received this training in art, and one of my 

jobs was to help these teachers so that they could carry on 

successfully the art processes with children.

Q Did you consider it your job to take this matter 

up with Miss McCrary directly if you thought she was being 

ineffective?

A I have spoken to her several times. I have asked 

her what they have done, and I have asked for even to see



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some of the work, and sometimes -- I did feel that that part

of it was my job, yes.

Q Did she tell you what she had done?

A They had not at that time, at the times I asked 

her, she would say, well, they haven't had time, or there was

some excuse.

Q And when was that?

A During the last four years. I have asked her at 

different times.

Q Exactly when during the last four years?

A I couldn't begin to tell you a date. I go there 

about every six weeks. But I have asked her at times

Q You didn't go to Miss McCrary's classroom every

week?
A I went to Miss McCrary's classroom about every

six weeks, and I —

Q And did you --
MR. GUNTER: Please let the witness answer the

question. He is interrupting the witness.

THE COURT: Don't interrupt the witness.

BY MR. MOORE:
Q You say you went to Miss McCrary's class every six 

weeks?
A About every six or seven weeks, yes. 

q And you say you would ask her for

SC >



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5B6A
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A I don't ask the same question every six or seven 

weeks, no, because after four years I realize, as much as I 

have done it, and I had not seen signs, and this year I even 

wrote down these processes so that if anyone didn't quite 

remember how we did ijhem, I did design what they could do 

by each week, the same things that we were .going to be doing 

with all the other schools, and I wrote it down and had the 

secretary over there to type it up, and it was given to the 

teachers in order that they could follow them very closely

and have these experiences with their children.

,Q Is this Plaintiffs' Exhibit 18 the material that

you wrote down for all the teachers?

A I would have to read it. I didn't see it after

she typed it.

Q Just read it over and see if that is it?

A Yes, these are some of the -- these are the process'

that's right.
Q Did you personally give Miss McCrary a copy of it?

A No. That is the job of the secretary. She put one

in each box, because I questioned her, and she told me that 

every teacher was given a copy, and Mrs. Stevens, I am quite 

sure, put one in every teacher's box. I did not personally 

hand it to the teacher.
Q I show you Plaintiffs' Exhibit 19, which is a 

group of drawings by children from Miss McCrary's class. Is

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it your opinion that those are worthless, they have no value?

A Oh, yes, they have a value if you are teaching 

something on transportation. This is good if you are teaching

transportation.

But when you are teaching art, for art's sake, you 

don't have to correlate it with any other subject matter.

In fact, it is more creative usually if you don't, if you let 

this art experience grow out of some experience the child has

had.
I don't imagine many of these children at Fair 

Street have ridden on a train or have flown in an airplane 

or maybe ridden on the bus or in a canoe.

Q What about in a car?

A I didn't understand you. 

q What about in a car?

A Oh, yes. They have all ridden in automobiles,

sure.
Q They have probably seen an airplane, probably 

seen a train, whether they have ridden on one or not, is that

right?
A Yes. That is quite true. They have seen them, 

and it is true they draw many things they have seen. But 

primarily aren't experiences more successful if you let these 

experiences grow out of something that relates to the child, 

some experience that he has had?

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Q You mean that transportation would not relate to 

the child some experience that he has had in the modernday 

world in which we live?

A It relates if he has had the experience, yes.

Q And you are not saying that these children at Fair 

Street are also bereft of affluence and money that they have 

had no experience that an ordinary human being would have?

A I did not say that, no. In the City of Gainesville, 

I daresay a very small percentage of those children have ever 

ridden in an airplane. I have four children and only one of 

mine has ridden in an airplane.

q You wouldn't say that they wouldn't see a train,

v/ould you?
A I am not questioning that those are things that 

they have seen,

Q Right.

Trains run right through Gainesville, right?

A I hope so.

Q And a boat, a canoe, there are boats just like this 

out at the lake there, Lake Lanier, is that right? Isn't 

that right?

A Yes, that's right.

Q And a child living in this area is likely to see a

boat, isn't that right?

A That is quite true.



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5653A
_____________________ :___________________________________474

Understand I think those are good for their purpose 

You asked me a question about them relating to the child. I 

said that the child probably hadn't had the experience.

Yes, he has seen them, and those are things that 

would be good to get0 the child to do if you are teaching a 

unit on transportation, but not if you are supposed to be 

teaching an art class.

Q All right.

The child could see a four-engine jet plane overhea 

in the air going into the Atlanta Airport, couldn't he?

A Yes.

Q Whether he had ridden on it or not, right?

A But how could a child draw an experience of flying 

on the airplane if he hadn't really flown in a plane?

Q Why do you say "flying in a plane"? This is not 

the interior of the plane. It is the exterior, isn't it?

A I would assume so.

Q And you would assume that the child is drawing the 

plane from the position from which he sees it, is that 

correct?

A That is correct.

Q And that would be from his own experience seeing it 

overhead?

A Yes, as far as seeing it is concerned.

Q And is it your opinion that the teacher that



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570A ©
hzi

inspires a child to draw visions and pictures or things that 

he sees in his daily life is weak and that the art produced 

by such a teacher and child is of no value whatsoever?

A I did not say this. What I said was that the 

signs of the things that the other children in that school 

have done, that the things that the other children in the 

city system have done, that Miss McCrary has not seen fit to 

let her children have this experience.

Q All right.

A Yes, she has done a few of these things, which are 

basically just plain crayon. They are just plain crayon 

drawings.

I have shown them many ways to let the teachers 

vary their use of crayons. There are hundreds of ways to 

use crayons. And, yes, this is just more or less colorbook 

technique.

Q All right.

Isn't your disagreement with Miss McCrary that 

Miss McCrary has done an effective job of correlating art 

with other subject matters and with real life experience?

A I don't think she has done a successful job of 

correlating art with other subject matter.

Q You don't believe the rendition of the transportati

theme is a good one?

A Oh, I think this is good for the children to do if

6"h



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W ' S  \r ■ £
_________________________________________________________476 ~

you are going to just show different means of transportation. 

But I don't consider this an art experience.

Q And isn't it a thing that should be encouraged in 

schools where there is likely to be a language deficit among 

the students?

A Repeat that, please.

Q I say, isn't this the type of thing that should be 

encouraged in the school where there is likely to be a 

language deficit among the children?

A Oh, I think it is always good to correlate it with 

any subject matter.

Q And would it be good to correlate it for children 

who have not had the benefit of "Headstart" programs and other 

pre-school programs?

A You just asked me that. I said it was good for 

any children.

Q I asked you a different question this time, I firss 

asked you about language deficit, which is a different concept 

The next question I asked you is about pre-school, and I am 

just asking you isn't it a good thing for students -- 

A It is good for any student.

Q But especially for those who have not had pre-school

A Now, you are trying to say to me that you think

that it is good for children to copy means of transportation?

Q I am asking you is it good for students who have no;

JT<



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572A.
^77

had pre-school education?

A To do what?

Q To engage in that type of art work?

A What type are you calling this?

Q Right there.

A You mean this sort of colorbook technique?

Q Yes. You call it colorbook technique if you want

to. But just tell me whether or not it is a good thing for 

kids who have not had pre-school?

A No. Because most of this is copied. If you are 

aware of what children can do in the arts, you see these are 

copies, they have been drawn by looking at something, a 

child in the fourth grade would not know how to put that wheel 

in the back smaller than the wheel in the front. These are 

not true indications of what a child on the fourth grade 

level can do. These are copies, and they are copied from 

looking at something, and this is not what we try to do in 

the creative arts.

We try to get away from colorbook technique. We 

try to get away from mimeographed materials. We try to get 

away from anything that is a copy process and to get the 

children to express themselves in art-in the creative manner 

without looking at something someone else has drawn.

This is drawn from something they had seen drawn.

Someone else did the drawing, and they looked at it and



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reproduced it. If they had looked at the bicycle to do it, 

I would have said this is marvelous, this is good art

experience.
Q But you don't know whether they looked at a bicycle

or looked at something else, do you?

A Yes, I can tell by looking at it, because -this

Q Did you -- go ahead.

A -- because when you looked at the way they have 

treated the prospective on this one, the one with the bicycle 

this is very definitely something that they have looked at.

A child in the fourth grade could not come up with that.

Q Are you trying to tell the Court that the children

at the Fair Street School in the fourth grade —

MR. GUNTER: Please the Court, he has interrupted

the witness again.

BY MR. MOORE:
Q Have you got anything else to say about that in

response to that question?
THE COURT: Have you completed your answer, please

ma'am? '
THE WITNESS: This particular bicycle was drawn

by looking at a picture. You can tell by looking at 

the way the prospective is. A fourth grade child in 

Miss McCrary's room, and I am sure you are aware of 

the fact that she does not have the top class in the



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kZ2.
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fourth grade, they would not be able to do this particule 

bicycle with that prospective unless they looked at one 

that was already drawn.

I am sure that they could do this, and, understand, 

I am not against this, if you are doing a poster, if you 

are doing something in transportation and trying to 

teach them transportation, then I don’t see any harm in 

their looking at a picture of it and drawing it. I am 

not criticizing that point. I am merely stating that 

this is not a creative use of the arts.

BY MR. MOORE:
Q All right, Mrs. De La Perriere, are you serious 

that you can tell that these children did not draw those

pictures without looking at a copybook?

A I am serious about this particular one. I think if 

you __ i don't know that it was a copybook. It could have 

been a picture in a reader. It could have been a picture on

a poster.
But what I am saying, this particular one, I feel 

like the child looked at something when he drew it.

Q The child could have looked at a bicycle, isn't tha

right?
A I don't think he would have looked at the bicycle,

no, not on a fourth grade level.

q Are you telling —  strike that.

£



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Are you telling this Court that black children in 

the Fair Street School are totally bereft of the ability to 

draw a bicycle?

A Mr. Moore, I resent that. I have made no such 

statement.

Q I want you to answer my question.

A I did not say that. No, I am not

Q Would you answer my question?

MR. GUNTER: Please the Court --

MR. MOORE: Your Honor, would you instruct the

witness to answer my question?

THE COURT: What is your objection, Mr. Gunter?

MR. GUNTER: I object to his asking the question, 

the witness starts answering the question, and then he 

interrupts the witness. This is the fifth time, I have 

counted them.
Now, I think that the witness -- he asked a questio 

and she can answer the question that he ask, and he shou 

not interrupt her.

THE COURT: Gentlemen, I don't think I need to have

a lesson this afternoon on courtesy as far as attorneys 

are concerned or the witness being courteous to the 

lawyer. Of course, counsel will give the witness an 

opportunity to answer the question completely, unless, 

of course, it is not responsive or there is a valid or

s



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576A.
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legal objection to the answer.

The witness will not interrupt counsel when he is 

asking a question. We will proceed in that manner.

I know it is getting to be late in the day. Maybe 

we might be getting a little edgy. But I want to eomplel 

this case.

Would you please ask the question now, Mr. Moore, 

and let the witness answer.

MR. MOORE: The witness was not responsive.

MR. GUNTER: Please the Court, she had not gotten

started. He didn't know whether it was going to be 

responsive or not, and he interrupted her,

THE COURT: I have asked him to ask the question

again.

MR. MOORE: Will you read the question back?

REPORTER: "Are you telling this Court that black

children in the Fair Street School are totally bereft 

of the ability to draw a bicycle?"

A (By the Witness) I did not make that statement.

As far as I am concerned, the children at Fair Street School 

can do equally well with any other child in this system. I 

have worked hard with these children, and I resent anybody 

indicating that I would think that they could not do as well 

as others. Many of my nicest children, students, are some oi 
children. There are several children in this

y.

the Negro



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1+82

system that I would put up against anybody's children that 

come from the Negro schools, and I have never made any 

distinction. To me a child is a student when he comes 

through that door regardless of his color and regardless of 

his background. It wouldn't make any difference to me if he 

were the President's child or if he was the janitor's child. 

V/hen he comes in that room he is a student.

Now, I made no indication whatsoever that I do not 

feel that these Fair Street children can do it. I know that 

they can, and I think that the teachers, some of them, have 

not given them the fair opportunity to have these experiences 

I feel that they can do equally well with any children if 

they are given the opportunity.

Q Very well.

Then, Mrs. De La Perriere, you agree that they are 

not so bereft of the ability to draw a bicycle?

THE COURT: What was your question?

BY MR. MOORE:
Q I say, don't you agree that the children are not so 

bereft to dr-aw a bicycle?

A I didn't say they never had the ability to draw a 

. X said they did not at this particular level in 

their development draw a bicycle in complete prospective like 

that one apparently is done. It has every indication of 

having been drawn by an adult.

5



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^ 7  A  . 1 483

Q All right.

You didn't see it at the time it was drawn?

A No.

Q And you didn't see the person who drew it, is that

correct?

A No, I did not.

Q All right.

Is there any value in teaching a child to use 

crayons so that they can identify their colors.

A So that they can identify their colors? Just how 

do you mean this? So they could -  to use crayons just .so

they could learn to identify colors?

Q To identify red from blue and blue from green and

green from yellow and brown from yellow, the things that 

children do in pre-school and elementary school to learn the.

colors.

A Oh, yes.

Q That is what I mean.

A Oh, yes, I think they need to know the names of

them.
Q And they should need to know the colors themselves

when they see them, is that right?

A Yes, I feel like that most of our children that

pass the third grade do know this.

Q All right.



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u 4 A. i+84

And this is a way of reinforcing that knowledge if 

they know it, is that right?

A You are talking about this being a way of re­

inforcing it?

Q Yes.

A No, I don't think that reinforces it necessarily, 

because these children already know those colors by the time 

they get to the fourth grade.

Q At least you think so. Have you ever tested them 

to find that out?

A Oh, yes, I have asked them many times.

And, you know, the art education people have run 

tests on children, and many children do not know colors 

prior to the age of five, but after five they begin to 

recognize these colors, and about seven is as old as most 

children ever get that are not able to distinguish colors, 

unless they are colorblind.

Q No art education tests have been run on the children 

in the fourth grade at Fair Street, have they?

A No. But I would assume that it was done by a

sampling, because these people, this test -- there is one of 

them in Victor Lowenfeld's book, and also Victor DeMigo,who 

are considered sort of the top of the art educators, they 

have run a great many tests, and this has been a determined 

thing that usually by the time a child is age seven, unless

5"



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there is something really physically v/rong with him, and I 

certainly wouldn't indicate there is anything physically 

wrong with any of those children, because there is not, and 

those children, I am sure, at the fourth grade level at Fair 

Street School, I am sure they all know their colors. I 

really believe they do.

Q Are either of these books you have just mentioned 

available at the Fair Street School?

A They are probably not available unless they have 

ordered some for teachers. They are on a college level. Thej 

are written primarily for textbooks. But I am quite sure 

that the county library, the Chestatee Library has copies of 

both of them, yes.

Q You mentioned silk-screening. Silk-screening is a -

A I didn't mention silk-screening.

Q You didn't mention silk-screening?

You don't teach that at the fourth grade level?

A No. I have not tried to get children at the fourth 

grade level to do silk-screening for the simple matter that 

a frame, some type of a framework usually has to be built, 

and this would involve constructing a frame, and when I get 

to the classroom I don't have the wood and things available 

for constructing the framework for silk-screening, and I did

________________________________i+85

r

not mention silk-screening.

Q What about mosaics?



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589 A Q
^86 '

A Yes, we have done mosaics.

Q In the fourth grade?

A We have done mosaics in the fourth grade. We have 

done mosaics from the third grade up throughout the city, 

yes.

Q And what materials do you usually use to make the 

mosaic itself?

A

n

A Well, you probably realize we don't have tiles.

So in place of tiles we use small cuts of colored constructio: 

paper, and we lay these very much in the manner that you woul< 

put tiles down.

Q Right.

Is this paper here considered construction paper? 

That orange, blue.

Is this the kind of paper you would use?

A Yes, that's right.

Q And it consists of cutting out the forms and pastinj 

them onto other boards?

A You cut out small shapes, such as rectangles or 

triangles, and you paste these onto another piece of paper. 

This is what we usually call mosiacs,

Q Who cuts them out?

A The children cut them out.

Q Do you draw the triangle or circle or rectangle or

sphere or globe?



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581A
487

A No, I do not. I teach the children to do their own 

work. We don't do the art work for them.

Q Do you have scissors for all children in the classes

A Yes, we have scissors available.

Q Are they available for each child in the class?

A They generally are, yes. That school has an 

abundance of scissors.

Q What about fingerpainting?

A Yes, we fingerpaint.

Q Did you fingerpaint in the fourth grade?

A We fingerpainted in the fourth grade.

Q Fourth graders are a little old for fingerpainting, 

aren't they?

A I don't consider fingerpainting even too juvenile 

for adults. There are many ways of using fingerpainting, 

and a fourth grade child is certainly not too old to

fingerpaint.

One of the groups that enjoys it most in this city 

are those children at the .junior high school, and they are a 

great deal more mature and older than the elementary children, 

and they request to do it in the junior high school.

There are other ways of using it. You can use this 

for a monoprint process whereas you do it on glass and make 

one print, and it works very well as an ink base.

Q And they use it at"Headstart" and pre-school, right?

3 7



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582 A 488______

A Usually they use it in'Headstart" and pre-school, 

yes, because it is something they can get their hands into 

and get the feel of.

Q Now, what is the art exercise that you prescribed 

as being most beneficial to the fourth grade students?

A I wouldn't say that any one experience —

You are saying "exercise". Would you define that 

word for me, please?

Q Well, experience,

A Would be most beneficial?

Q Yes.

A I don't think it would be any particular one. I 

think all of the ones that I have asked them to do are most 

beneficial. I think they need experiences in four areas of 

art, not just in any one and overdo one area. I think they 

need experience in all of them.

Q Do you differentiate the experiences that you would 

like to have the children do based upon the ability and 

background of the children?

A Yes, I do try to do this.

Q Did you study and test the children in Miss

McCrary's room to determine what exercises or experiences 

would be appropriate for them?

A I am quite sure the things I prescribed for her

room were appropriate.

s



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Q Was it based upon a test of the children?

A I have observed the children, and many of these

children in her room I have observed for four years, and I 

am quite sure that the experiences that we did in that 

classroom and that I asked her to do were appropriate for 

her grade level. They were not too difficult, and they were 

not too simplified.

Q Did you attempt to tailor or shape the experiences 

or the things that you wanted Miss McCrary to teach her 

children based upon the background and abilities of the 

children in Fair Street School as opposed to the children in 

the other four schools?

A I think that I have chosen processes that were 

quite appropriate for the children at Fair Street School, 

as much as they would be appropriate in any other school.

We do the same processes at all of the schools in Gainesville. 

We do the same techniques in art throughout all of the first 

grades, all of the second grades, all of the third grades, 

regardless of what school they are in. Their background 

would merely determine perhaps what they had in those creative 

works.

Maybe one child might have had an experience of 

going to New York and could do this. Perhaps another child 

had never been out of Gainesville. But that doesn't mean 

that he doesn't do the same process, but it just brings a



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little bit different concept into that picture in his visual

expression.

Q Do you leave any room for the judgment of the 

teacher as to what is appropriate for her children?

A Yes. She has five weeks or six weeks when I am

not there.

Q And during that time it is left up entirely to her 

as to what she will do?

A Well, I have designed things and asked them to do 

certain things along each week. However, I always tell them 

that after they have completed these, that anything else 

that they would like to do with the children is all right.

Q And how much time is each teacher to allot to art

work a week?
A v/ell, I think there should be an hour or two each 

week alloted to art.
q And how much time was alloted to art work at the

Fair Street School each week?

A Different rooms gave different times. 

q For Miss McCrary's room?

A I don't think she spent this time, no.

Q I am asking you how much time was actually alloted

for the art work?
A And who did you think alloted it?

Q I was thinking that you did.



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5 8 5 A
*+91

A I don't allot the time she spends in her classroom 

with art. I have nothing to do with her schedule.

Q Do you recommend a period of time, an hour, a half 

hour for art work?

A I didn't recommend any particular time. That is up 

to the principal and the teachers of that school. However,

I do show them things that I would like for them to do each 

week. But, as far as scheduling is concerned, that is betwee 

the principal and the teachers.

Q And it is your responsibility and your job to 

bring -- to visit the school and bring about these special 

enrichment programs, isn't it?

A Yes, it is my job to visit the school.

Q You are considered an enrichment teacher, aren't

you?

A Yes. It is an enrichment process.

Q And it is your special function to come out and

demonstrate from time to time and engage the children in an 

art experience such as the ones that you have designated 

here on this list, is that right?

A That's right. I do that every week.

q And that is your primary and virtually your

exclusive function in the school system, isn't it?

A What are you saying is my exclusive function, now?

Q To go through those procedures with the children



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________________________________________________________ 492 -

on a weekly basis?

A No, that is not my exclusive function, no.

Q What is your other function, then?

A My other function is to be of service to the teachei 

to help them in any way that I can.

Also, I have been in in-service, and I have already 

said this, I have had in-service for the teachers for three 

years.

I am responsible for the art program throughout 

the whole city. I help the young men that we have at the 

two high schools and at the junior high school in planning his 

program.

Q And your testimony here that Miss McCrary is a

weak teacher of art as compared with other teachers of art 

is based upon your subjective evaluation of what she did or 

didn't do in her classroom, isn't that right?

A It is based on what she has done and what she has 

not done in her classroom in art, yes.

Q Now, have you gone to each teacher and to each 

classroom in the city of Gainesville and asked them to show 

you their work?

A Oh, yes.

Q All right.

A I don't usually have to ask. Usually it is on the

/ S

walls.



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587 A ^93
Q And you look at it?

A I certainly do.

Q And if the work were not on the walls, you wouldn't

know whether it was done or not, would you?

A Oh, yes, I would, because I would ask. I often 

ask to see the child's art folder and to look through the 

things that they have done.

Q And who maintains the art folder?

A The children.

Q The children themselves?

A Yes, usually.

Q In their own desk? Or does the teacher maintain

the art folder? ,

A Usually they keep them put up for them in a stack

somewhere.

Q Now, did you ever give Mrs. —  did you ever give 

Miss McCrary an instruction that she didn't follow?

A Yes, I have asked them.

Q Which one?

A I have already said this once.

Q I am only talking about Miss McCrary, not other

schools

A But I have already answered this once. When I

went to these rooms, for the in-service at these schools, I 

requested that the teachers carry through the same process



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5 6  S A 494

that I had shown them how to do at that in-service with theii 

children before I came back again for in-service.

Q And when was that?

A After school for three years.

Q On a daily, —  on a daidy basis?

A On a once-a-week basis.

Q Once-a-week basis?

A That's right. At Fair Street it would have been

once a week. I go to each of the elementary schools one day 

a week.

Q And you requested the teachers to do that, is that 

right?

A Yes, I did.

q Now, in 1 9 6- —  strike that.

Did you hold the opinion that Miss McCrary was a

weak teacher —

A I960 I didn't know Miss McCrary.

Q I will get to the question.

Did you hold the opinion that Miss McCrary was a 

weak teacher at the end of the school year '67-'60?

■ A Yes.
Q Did you communicate that to the Superintendent?

A Yes. X have communicated it to the principals and

also I have talked to Mr. Ellenburg and Mr. Blakeney that 

she did not fill in effectively in the arts.



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Q And each year you have been in the system you have 

made that observation and shared it with your supervisors.

isn't that right?

A I have made this observation for four years, yes.

Q Have you ever recommended to anyone that Miss 

McCrary not be rehired?

A No, I have not.

Q Have you recommended to any person that any teacher 

in the school system not be rehired?

A * No, I have not. I have nothing whatsoever to do 

with the hiring of teachers.

q And art is a very small part of the curriculum,

isn't it?

A Well, it would depend on what you compared to 

that. To me it is an important part. To you it might be

small.
Q I mean -- I mean in terms of time actually alloted

and provided for art instruction?

A Yes, it would be on the basis with music.

0 Mrs. -- is it Miss or Mrs.?

A I am Mrs. De La Perriere.

Q Mrs. De La Perriere, is your opinion that Miss 

McCrary is a weak teacher based upon the quality of the work 

of her students?
A No, it is not based on the quality of her students.

A



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590A

Q Tell me what it is based upon, then?

A I merely stated I think her children could do a

great deal more in the arts if they had been given the 

opportunity; She just did not give the children the opportune 

to do this.

To be an accredited school we are supposed to allot 

a certain length of time to the arts. She did not choose 

to do this.

Q You are not saying that she didn't allot any time 

to art, are you?

A No. I was there to do it with them every six or 

seven weeks, so her children did have art experiences. But 

often when I would go back I would ask the children, "Well, 

what have you done while I wasn't here, the weeks I have 

been gone?" "I haven't done anything since you were here

before."
Q You would ask little children this and not ask the 

teacher?
A Well, she was standing right there. I would ask 

them, "What all have you all been doing? Show me some of the 

things you have been doing."
Q And you were asking that to engage their attention, 

weren't you?
A I was asking them to get their attention. I 

wanted to communicate with them. To get children to do good



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5 3 1 A . W

art work you have to first be able to communicate with the 

children, and I think I do a pretty fair job motivating 

children to do art work, and to do this you have to communical 

with them.

I would asl> them, and I was interested, I wanted 

to know what they had done since I had been there before.

I wanted to see it. I am interested in every child's art 

work,

Q All right.

Well, the work that you did in the school system, 

that satisfied the accrediting society, didn't it?

A No, I don't think it did, because I am not there

but every six or seven weeks.

Q You don't know —  you don't know whether it does

or not?
A- Yes, I know that it does not. There is not 

enough allotted for arts.

Q And that is —

A You are supposed to spend so much a week, I 

believe.

q How much time?

A I think it is an hour or two each week.

Q And you don't know whether she spent an hour or

two in art or not, do you?
A Oh, yes, I do, because the children would tell me



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A

when I asked them that she had not since I was there before.

Q They said they had had no art, no art at all?

A That is what they would say.

Q And you would take the word of fourth grade children 

as to what they would do?

A Yes, I would take the word of a child, if he told 

me he hadn't, yes, I would take his word.

Q All right.

And you wouldn't ask the teacher?

A She was there. She would tell me sometimes they 

hadn't, that they had been doing other things.

Q Did you ever tell her when she told you that she 

hadn't been doing'art that she should do it?

A She knew —  I told them every week when I met with 

them with in-service that she should do it.

Q I am not talking about in-service. I am talking 

about when you would come to the school?

A That is when we had it, at this in-service, it was 

at the school.

Q When you would come to the classroom?

A When I came to the classroom I would never say 

anything to any teacher that would embarrass her or belittle 

her in front of her children in any way whatsoever, knowingly.

q All right, did you call her aside?

A I have asked her to do it before, yes.



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______________________________ __________________________ 1+99

Q Would you call her aside and say, "You should do 

some more”?

A Well, when they came to in-service, yes, I would go 

around and show her things she could do successfully with 

the fourth grade children.

Q Would there be other subjects in the class that 

might be more important for these children to learn and 

spend their time on than art work, such as reading and 

writing and arithmetic and mathematics and spelling?

A From my experience of teaching school, and I have 

not always just taught art, I have a Master's Degree in 

Elementary Education, and from my experience of teaching I 

have found that the children respond better and I got across 

a great deal more by using —  by letting them have an art 

period every once in a while to change the-function of what 

we were doing. They get bogged down sometimes, and, if you 

can sort of give them a little relaxation with the art 

processes, they look at it entirely differently, and it sort 

of stimulates learning.

Q You taught white middle-class children, didn't you?

A I have taught all class children. I have taught 

at Fair Street School.

q Yes. But before you came to the system you didn't 

teach any black children, did you?

A Before I came to Gainesville?

C CI



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5ooi hi iX

Q Yes.

A No. My first experience with teaching the Negro

children was when I came to Gainesville.

Q And it might be more important for black children 

who live in economically depressed areas to learn to read 

and write than it would be for them to learn art and finger-

painting and mosiacs, wouldn’t it?

A Are you trying to tell me that you think --

Q I am asking you a question, and I want you to

answer it.

A Well, I don t think it is any more important -- 

MR. GUNTER: Now, may it please the Court, he

interrupted the witness again. Nov;, that is the seventh 

time.

THE COURT: Just a minute, Mr. Gunter. I believe

the witness interrupted him this time. He asked her 

a question, and she started to ask him a question, and 

he said, ."No, I am asking you", and that is what he

was saying.

She has now answered the question. If you will

let her complete the answer, she was in the process of

answering.

A (By the Witness) I think that art is just as 

important for the deprived white children as it is for the 

deprived Negro children as it is for the middle-class or the

—



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5 9 5 A 5Q1
upper-class, Negro or white children. I think that this is a 

part of our culture.

Art is our oldest means really of history. It 

dates back so far that our early history was based on it.

I think that this being able to express yourself 

with art experiences is important, and I think it is just as 

important for a deprived child as it is for one that has 

had money. I do not think that the arts are for the rich 

anymore than they are for the poor. I think that art is 

for everyone, and every child is born with the ability to 

create, and I think it is wrong to deprive him of this 

opportunity.

q Mrs. De La Perriere, isn't your opinion of Miss 

McCrary based on the fact that you have a personal grudge 

against her because she is a black woman let me finish, 

please -- a black woman who told you you would have to wait

when you came to her class?

A It is not. I think Miss McCrary is a very fine 

person, and therfact she is black has nothing to do with it.

I know many of the Negro teachers very well, and the fact 

that she is a Negro has nothing whatsoever to do with my 

opinion.
And the fact that I have had to wait, what are you

3 U

referring to here?

Q I will answer your question. The time she was



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S A 502

teaching "decoding for reading",

A Oh. The only person that knew about that was Mrs. 

Trawick and Miss McCrary, and I asked Mrs. McCrary -- Mrs. 

Trawick not to mention this to Miss McCrary because she was 

upset.

I wait for all those teachers. I don't resent 

waiting. I always ask when I go in that room, "Is it 

convenient for you to stop now?" If they are having a test, 

if there is something important, I go on and catch another 

classroom and come back. I don't mind waiting.

Q And this is the first time that you have actually 

expressed your opinion that she was a weak teacher, is 

following this incident with the "decoding for reading"?

A No, it is not. I have expressed my opinion that 

she was a weak teacher after my first year at Fair Street 

School.
Q But no one ever acted on it, is that right?

A Well, Mr. Baylor said he would try. I think he did

try.
Q All right. But did you tell Mr. Blakeney about 

the incident out at the school?

A What are you talking about?■*>
q When you came out there and she wouldn't let you 

come in the room?
A The "decoding"? No, I have not mentioned this to j

. _________________ _________________ J

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597A 503

anyone, except Miss McCrary knew it, Mrs. Trawick knew it, 

and I asked her not to mention it to Miss McCrary, because I 

did not mind waiting, and I told her not to.

Mrs. Trawick was upset because she had not stopped, 

and I told her at the time I didn't mind because I was 

accustomed —  I always look to see, or I try to make sure 

that I am catching, them at a time when the children are not 

taking a test or something that won't interrupt what they 

are doing, or, if they are busily engrossed in reading, I 

try to go to another classroom and come back and sort of

catch them between periods.

Q You missed that time, didn't you?

THE COURT; Do you have any further questions?

MR. MOORE; No, sir. I didn't get her answer.

MR. GUNTER: I didn't get the question. Would you

repeat the question?

BY'MR. MOORE:

Q I say that time you missed?

A ' What was that? Going back?

Q The time you came out —  you remember your answer,

don't you?

A Yes, I do.

Q You answered —

A You are talking about the time —

Q -- you waited —

$



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5 9 8 A
5o4

A I did come back later.

Q -- and you tried to figure a time when they were 

not busy, and I asked you: "You missed that time, didn't you1'

A You mean missed getting in that particular class?

No. I came back lat$r.

MR. MOORE: I have no more questions.

MR. GUNTER: No questions.

THE COURT: You may go down, please.

(thereupon, the witness was excused from the stand.)

-0-

MR. GUNTER: Call Mr. Ellenburg, please.

THE COURT: Who did you call?

MR. GUNTER: Mr. Ellenburg.

THE COURT: That witness will probably take some

time, won't he?

MR. GUNTER: My part won't. The cross examination

may take a lengthy amount of time, just as it did with 

this past witness.

I have two more members of the staff, the only 

two witnesses that I have, Mr. Ellenburg and Mrs. Green.

THE COURT: Gentlemen, I am going to take about a

fifteen-minute recess.

(Whereupon, Court was recessed at 5:^5 P.M., reconvening at 

6:00 P. M .)

- 0 -



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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 o  5

AFTER RECESS

THE COURT: All right, where is Mr. Moore?

MR. GUNTER: Mr. Ellenburg, take the stand.

THE CLERK: Wait a minute. Mr. Moore is not in

here.

THE COURT: All right, Mr. Marshal, tell Mr. Moore

to come in here. Let's move along.

(Whereupon, Mr. Moore returned to the courtroom.)

-0-

THE COURT: All right, let's move along,

THE CLERK: Mr. Ellenburg, if you will take an oath

The evidence you shall give in the issue joined 

between Rosa A. Head and others and R. D. Blakeney, 

individually and as Superintendent of Schools, and 

others, shall be the truth, the whole truth and nothing 

but the truth, so help you God.

MR. ELLENBURG: I do.

THE CLERK: All right, sir.

THE COURT: Mr. Marshal, everybody that comes in

and out- of the courtroom has a right to come, but I want 

them to come in orderly and not interrupt the testimony 

during the trial of the case.

Go ahead.

-0-

< 7



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GGOA
5 o 6

OTIS H. ELLENBURG, JR.

Called as a witness by the Defendants, after having first 

been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. GUNTER:

Q Mr. Ellenburg, will you state your name for the 

record, please?

A Otis M. Ellenburg, Jr.

Q What position do you occupy with the City of 

Gainesville School System?

A I am the Assistant Superintendent of Schools.

Q How long have you been in that capacity?

A Since 1962, seven years.

Q Were you with the Gainesville School System prior

to 1962?

A Yes , sir.

Q In what capacity?

A I was principal of the junior high school.

Q And for how long were you principal?

A Five years.

Q Mr. Ellenburg, did you discuss with Mr. Blakeney 

some time prior to March, 1969? the qualifications for 

effective teaching in the classroom of Miss McCrary and 

Miss Head, the Plaintiffs in this case?

A We talked about a lot of teachers, Mr. Gunter, as

I I



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601A
507

far as their qualifications and the evaluation of teachers, 

yes, sir.

Q You specifically talked about these two Plaintiffs?

A Yes,

Q Did, in your discussions, did you make a 

recommendation or an evaluation,: or did you give to the 

superintendent your opinion of these two teachers?

A Yes, sir.

Q Will you state to the Court what you did say to 

the Superintendent with respect to these two teachers?

A I discussed with Mr. Blakeney the qualifications,

the evaluation that I had of Miss McCrary the last time I 

visited' her classroom. It was at the invitation of Mrs. 

Trawick, the principal. She had invited me to come over to 

judge a social science fair that she was having at the school. 

I was informed by Mrs. Trawick that this was a major project 

of the school and that it carried a lot of weight In the 

curriculum planning.

We visited that school all afternoon, and Mrs. 

Trawick had suggested to me that she wanted to give ribbons 

to the various projects, which we did, as we went around 

through the school.

• Miss McCrary, we visited Miss McCrary's room, and 

we did judge that social science fair at that time. We 

conside pooT"'pr o'j ect.

3"



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g o ;*7 A

508

MR. MOORE: I object to what he considered. He can

testify as to his own opinion, Your Honor.

THE COURT: What is your objection?

MR. MOORE: I object to the witness' answer as

being incompetent, "We considered it". It is what he 

considered.

THE COURT: Well, if he was on the party that was

judging something, I will let him testify to it.

A (By the Witness) I considered it to be a poor 

project and so informed the principal at that time that I 

felt like that not enough time or effort had gone into this 

project.

Q (By Mr. Moore) Did you discuss that with Mr. 

Blakeney?

A I informed him of this, yes.

Q Now, what process do you go through in evaluating 

teachers prior to March of each year in reaching a determinati 

of whether teachers will be offered contracts or re-employed 

for the ensuing year or not, Mr.. Ellenburg?

A Of course, we consider the opinions and observations 

and professional observations of other staff members. I 

visit the classrooms as much as I can, which is not as often 

as I should, of course, since we have nearly two hundred 

staff people that we have to visit.

Also, we talk to the principals from time to time

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G 03A 522.
concerning their staff people.

Then we arrive at some conclusions concerning the 

re-employment of people.

Q Did you reach a conclusion yourself as to whether 

Miss McCrary should or should not be re-employed?

A I d id .

Of course, you have to realize that I took into 

consideration the opinion and the observations of other people 

as well as'talking to the principals involved, yes.

Q What conclusion did you reach concerning Miss 

McCrary?

A I felt like Miss McCrary was not doing the job 

that we would, like in the classroom, and .I., concurred with 

this opinion.

qj ...What about Miss Head?

A Well, my opinion of Miss Head is that Miss Head has 

done a fairly good job for us and that I have no quarrel with 

her work in the classroom.

Q Was Miss Head evaluated with the other Commercial 

Education teachers in the system?

A She was, yes, sir.

Q With respect to Miss Head as compared with the 

three other Business Education teachers in the system, what 

was your conclusion as to Miss Head?

A I cons id.er.- His S' Head not to be on par with tne othei

*



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e c < 2 A 5io
three teachers in the system.

Q Did you make such a recommendation to Mr. Blakeney?

A Yes.

MR. GUNTER: You may examine the witness.

-0-

CROSS EXAMINATION

BY MR. MOORE:

Q Mr. Ellenburg, you went to Miss McCrary's class

once in March of 1969, isn't that right?

A I don't believe it was in March, sir. I believe it

was previous to that time.

Q About the last of February?

A Some time around February -- I am not sure of the 

date, sir.
Q You don't know whether it was before February l4,

1969, or afterwards, do you?

A I could not tell you a date, sir, no, sir.

Q And the occasion that you went there to her classro.

was in connection with the social science studies program,

is that correct?

That is right.

And you were there for a period of fifteen minutes? 

Something in that neighborhood, yes, sir.

Xt certainly wasn't more than fifteen minutes, <̂ as

If___________ ___ _____________________ J

A

Q

A

Q

it?



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ill

A I would say around fifteen minutes, yes, sir.

Q And that was the only time that you actually 

visited her classroom during the school year 1968-69'?

A No, sir. I am in and out of the classroom several 

times during the year.

Q You mean Miss McCrary's classroom?

A Yes.

Q Do you recall your testimony given on deposition —

A I recall I said I tried to visit every classroom 

in the system three or —

Q Just one second.

A —  three or four times during the year.

q All right, you remember you gave a deposition on

June 18, 1969?

A Yes, sir.

Q In the office of Mr. William Gunter in this case?

A Yes, sir.

Q And I would like to know if you recall your

testimony on Page 19, beginning at Line 19:

"Do you have any positive recollection of going 

into Miss McCrary's classroom during the school year 1968-69?

Answer: "Not specifically. I couldn't say what

day, but I know I visit the school constantly in my duties."

tt

Is that you testimony?

A Yes, sir, that is still my testimony.

&



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606A 512
Q You still have no specific recollection of going to 

Miss McCrary's classroom?

A I told you I could not give you a date I went in 

in February or January, no, sir.

Q Do you remember this answer, this question 'and 

answer on Page 20.

Question: "I want to know if you have a positive

recollection of going into her classroom in the fall of the 

school year 1 9 6 8-6 9 .”

Do you recall that question?

A Yes, sir.

Q And your answer: "No, I couldn't say that, no.”

Do you remember that?

A I cannot give you dates, no, sir, I cannot give you 

dates.

Q And your answer was that you had no specific 

recollection of going to Miss McCrary's classroom —

A I could not point out dates, sir, no, sir.

Q Now on Page 21 in your deposition I ask you if you

recall this question:
j

"Now, do you have any specific positive recollectioji 

of visiting Miss" McCrary' s classroom on any occasion other 

than the last of February, 1 9 6 9, during this last school year?
j

Do you remember that question?

A No, sir, I don't remember the question.



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607A. 513

Q All right, your answer was:

"Not to recall any specific instance that I can 

testify to, no."

Do you remember that answer?

A I cannot recall dates at any time that I went in 

anyone's classroom, sir. It is almost impossible to do that.

Q ’Was the answer you gave on June 1 8 , 1969? on 

Page 21 of your deposition, a true and correct answer at the 

time you gave it?

A My testimony is that I cannot recall dates.

Q Just one second. You want to answer this question?

A State the question again, sir.

Q Was the answer that you gave on Page 21 that I have 

just read, of your deposition taken on June 18, 1969, a 

true and correct answer when you gave it?

A I am stating that I cannot remember dates that I 

recall going into anyone's classroom.

Q Perhaps I am confusing you. I am asking you whethe[r
|

or not the answer you gave on your deposition that I have just 

read was a true and correct answer at the time you gave it?

A I am stating that I cannot recall dates when I go 

into people's classrooms, because I visit a lot of classrooms 

and I simply cannot remember the dates. It is impossible for 

me to do so,

THE COURT: I take this to mean, Mr. Moore, he



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608A

remembers having gone, but I don't think he remembers 

when. I believe that is what he testified to in the 

deposition.

In the interest of time, I don't like to interrupt 

your examination, but I believe you are wasting a little 

t ime.

BY MR. MOOREj

Q Now, Mr. Ellenburg, you are white, is that correct? 

A Yes.

Q And you are a lifelong resident of Georgia?

A Yes, sir.

Q You were educated at Berry College?

A Yes, sir.

Q You have an A.B. Degree from Berry College?

A B.S. Degree.

Q B.S. Degree. Pardon me.

That is in Rome, Georgia?

A That1s correct.

Q And you have a Master's Degree from the University

of Georgia? .

A That is correct.

Q And you have always lived in the Gainesville area,

is that correct?

A No, sir. I
Q All right, where else have you lived?

6 0



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6053 A
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A Originally from Wilkes County, and was educated 

there, went to Berry College, and then --

Q And your age, sir?

A I am forty.

Q Nov/, Miss McCrary's principal is a black woman, 

is that correct?

A Mrs. Trawick, yes, sir.

Q And Miss Head's principal is a black man, is that 

correct?

A Yes, sir.

Q The principal of the Gainesville School where Mrs.

Presnell and Mrs. Glass taught or teach is white, is that 

correct?

A Yes, sir.

Q You wouldn't say that you are more qualified to 

judge the effectiveness of a teacher than the principal of 

the school, would you?

A Well, that is a matter of opinion.

Q I would like to have your opinion on it.

A I think I am just as qualified as any principal in

this system to judge the evaluation of a teacher, yes.

Q Notwithstanding the fact, sir, that your encounter 

and visit to the teacher's classroom is infrequent?

A Over the period of years, sir, I have been in this 

system something like twelve years, and I have visited a

L&2.



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610 A 5 l6

number of occasions. In fact, I have been in this system 

longer than some of the principals, and I know a lot of these 

people, and you build up these evaluations over a period of 

time.

Q You don't have the kind of day to day contact with
o

the teacher and. her students that the principal has, do you?

A I have contact with the principal. I talk to the 

principals about evaluations. I talk about -- I visit in 

the classrooms. I talk to our supervisors, our coordinators, 

and I get a lot of evaluations this way, sir.

Q The question is, sir, I want you to answer yes or 

not, if you have an explanation you are permitted to make 

it, but my question is, sir, simply this: You do not, do you!, 

have the same type of daily contact with the teacher and 

her students as the principal does?

A No, I wouldn't say that.

MR. MOORE: No other questions.

-0-

RE-DIRECT EXAMINATION

BY MR. GUNTER:

Q Mr. Ellenburg, on March the 6th, 1969, did you go 

to E. E. Butler High School to consult with Miss Head 

concerning her non-re-employment?

A Yes, sir.

Q At the time you had this discussion with her what



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did she tell you?

A She told me that she had decided not to come back 

anyway, and that this conference was not necessary.

MR. GUNTER: No further questions.

- 0 -

RE-CROSS EXAMINATION

BY MR. MOORE:

Q Mr. Ellenburg, Miss Head wrote you a letter, did 

she not?

A Yes, sir, that is right.

Q And that letter was addressed to you, Plaintiffs' 

Exhibit 8, in which she indicated that she did desire a 

place in the school system, am I right?

A This is a copy of her letter.

Q And do you remember the date upon which you 

received it?

A No, sir, I couldn't say. Shortly, somewhere around 

the 10th of 11th of March, but I am not sure.

Q At the time you received this letter you had not 

sent out contracts or issued contracts to teachers for the 

year 1969-70, had you?

A I do not believe that contracts had gone out at 

that time.

Q Have the contracts gone out yet?

A Oh, yes, sir.



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Q You are positive that they had not gone out at that

__________________:__ ______________________ ________ 518 •

t ime?

A Not on the 10th of March when the letter .was writt 

MR. MOORE: No further questions.

MR. GUNTER; No further questions.

(Whereupon, the witness was excused from the stand.)

- 0 -

MR. GUNTER: Call Mrs. Green, Mrs. Willanell Green.

While she is coming, may it please the Court, I 

have filed an answer and served Mr. Moore. Mr. Moore 

has acknowledged service of a copy.

Also, I received today a copy of a memorandum brief 

signed by Mr. A1 Evans, Department of Law, requesting 

me to deliver a copy to Mr. Moore, and I have so deliver 

a copy of it to Mr. Moore.

MR. MOORE: That's correct, Your Honor.

THE COURT: All right, sir.

THE CLERK; Mrs. Green, would you come around and 

be sworn. Raise your right hand.

The evidence you shall give in the issue joined 

between Rosa A. Head and others and R. D. Blakeney, 

Individually and as Superintendent of Schools, and 

others, shall be the truth, the whole truth and nothing 

but the truth, so help you God.

MRS. GREEN: Yes, sir.

/r i O



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THE CLERK: Just have a seat on the witness stand.

- 0 -

MRS. WILLANELL E. GREEN.

Called as a witness by the Defendants, after having first 

been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. GUNTER:

Q Mrs. Green, will you state your full name for the 

Reporter so he can put it in the record?

A Willanell E. Green,

Q Mrs. Green, what is your -- you are a resident of 

the City of Gainesville?

A No. I live eleven miles north of Gainesville on

129.

Q On Highway 129?

A Yes, sir.

Q You are connected with the Gainesville School

System?

A Yes, sir.

Q In what capacity?

A I am Language Arts Coordinator.

Q How long have you been in that capacity with the 

Gainesville System?

A In this position two years.

Q What did you do prior to being in this position for



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two years?
520

A Full time classroom teaching, Latin and English.

Q What school?

A Gainesville High School. I have been in it, 

connected with this system for eleven years.

Q, Eleven years?

A I still teach three periods of Latin a day.

Q Now, what are your duties in your position as 

Language Coordinator?

A Language Arts Coordinator.

Q Language Arts Coordinator.

V/hat are your duties in that capacity?

A We define Language Arts as English and foreign 

language. This means that I try to coordinate our programs 

in foreign language, and this is only in the two high schools, 

and in English, and this is from kindergarten through grade 

12 in all of our schools.

By ’’coordinator" I mean that I see that we are 

teaching a program to children which is as nearly the same 

in all elementary schools as it could be and which is 

sequential and which will connect well with the work we do 

in junior high and in senior high.

Q All right, now, what is your educational background'!*

A I have a B.S. in Education, elementary certification 

from North Georgia College.

I- / 7-



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f i l S A 521

I am a Master of Education with a major in English 

from the University of Georgia.

I have a six-year specialist in English from the 

University of Georgia.

Q You do not know or haven't had any contact with 

Miss McCrary?

A I know Miss McCrary only in that she is a teacher 

at Fair Street, that she has taught there these two years 

that I have been working as coordinator and in in-service.

By "in-service" I mean that I have gone in in our 

sessions after school working on our English program, and I 

have.worked with Miss McCrary this way, but I have never 

been in her classroom.

Q Were you asked to give an evaluation of Miss McCrary

A Wot in that specific sense, because everybody that 

I work with knows that I have not been in elementary classroom 

In the two years I have been in three elementary classrooms.

So nobody would ask me to evaluate what she does in the 

classroom in that manner.
I have talked with Mr. Ellenburg, with Mr. Blakeney 

on numerous occasions about all of the teachers with whom I 

do work, but specifically about her, not in that sense.

Q How about Miss Head?

A Yes, about Miss Head, I have talked with them,

. because Miss Head has taught English for two years.



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StSA
522

Q Will you explain to the Court what evaluation of 

Miss Head or what recommendation of Miss Head you reported 

or gave to the Superintendent of Schools?

A Miss Head, as I understand it, is not an English 

teacher. I would not try to say what type of teaching she 

does in her commercial work. I presume she is an effective 

teacher in her commercial work, because I know nothing about 

that. She is not an English teacher. She is not certified 

to teach English, as I understand it, nor qualified to teach 

English. So I could not state that she is an effective 

teacher in English, 1 wouldn't want to be judged on a subject 

in which I was not certified.

Q Did you visit in Miss Head's classroom?

A Yes.

Q Did you observe her teaching?

A Yes, I have.

My main purpose in being in her room was not to 

observe her teaching. It was to help her find the materials, 

the methods, and to see what the curriculum should be in this 

work she was doing. It was to help her. It was not to 

evaluate her.

Q What did you find in trying to help her?

A She was not teaching English effectively, because

she was not prepared to teach English effectively.

MR. GUNTER: You may examine the witness.



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G17A
523

BY MR. MOORE:

-0-

CRCSS EXAMINATION

Q Is it Miss or Mrs.?

A Mrs. Green.

Q Mrs. Green, did Miss Head put forth her best foot, 

so to speak, to do, to try to do an effective job as an 

English teacher?

A I don't feel I can say whether she did or not, 

because I don't know what her best \^ork is. If I were trainei 

in commercial, then I would feel like I could judge her. But 

I do not feel I could say she did or she did not.

Q Let me put it this way. Was she conscientious in 

trying to teach English?

A She met most of the in-service sessions that I had 

with teachers during the two years. She tried to use the 

materials I took her to use. She did not know how to use the 

materials.

Q Are there other teachers in the high schools 

operated by -the Gainesville City Board who teach outside of 

their certification?

A There is very little of that here. It is definite 

the exception. I would have to think a while before I could 

say whether anybody else is doing that.

Q All right.

i y

£ /S'



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6 1 8  A

Do you know the reason why Miss Head v/as teaching 

outside of her certification?

A I presume there were not enough commercial students,

Q And there must have been a surplus of students in

English classes, right?

A I wouldn't say that there was a surplus. All our 

English classes were very small at Butler last year, because 

some gentleman did not appear who had been given a contract.

I believe there were some English classes which needed to 

be absorbed. We had a French teaching a class of English,

I believe, out there last year.

Q And Miss Head?

A Yes.

MR. MOORE: No other questions.

MR. GUNTER: No further questions.

THE COURT: You may go down.

THE WITNESS: Thank you.

(Whereupon, the witness v/as excused from the stand.)

-0-

MR, GUNTER: May it please the Court, we would

tender in evidence the deposition of Mr. P. Martin 

Ellard, v/hich was taken last Wednesday. Mr. Ellard 

was chairman of the Board of Education for the year that 

has just been completed. He is out of the country this 

week, so Mr. Moore and I had the agreement that his

___________________________ ___________________________________524



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613 A
525

deposition could be taken and introduced in evidence.

MR. MOORE: Yes, sir.

THE COURT: Is that agreeable?

MR. MOORE: That's correct, Your Honor.

THE COURT:. All right, sir, Mr. Clerk, if you will 

mark that as part of the record in the case.

MR. GUNTER: We would like to take the deposition

of the principal of the E. E. Butler School, Mr. Baylor, 

and also the deposition of the Hall County Super intendem; 

of Schools at a later date for filing with the Court and 

consideration by the Court, and, if that is permitted, 

then we will rest our case.

MR. MOORE; No objection from the Plaintiffs, Your 

Honor.

THE COURT: All right.

The only problem is when are you going to do this?

I know you can't stand here and say "We will do it 

Thursday or Friday at 10:00 o'clock", because you may 

not be able to get the witness or Court Reporter.

MR. MOORE: What about Saturday?

MR. GUNTER: I was getting ready to say, I have got

to give the Georgia Bar Exam Wednesday, Thursday and 

Friday, but I would be -- I think Mr. Baylor will be 

available, and the Hall County School Superintendent, 

if Mr. Moore can come up Saturday morning, at 10:00

LLL



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G20A 5 26

o'clock, we will make it Saturday.

THE COURT: Have you got a reporter?

MR. GUNTER: We have a reporter in Gainesville. If

we can't, Mr. Moore can bring one from Atlanta like he 

did last Wednesday.

MR. MOORE: That's right.

THE COURT: All right.

My point is, of course, there is a lot more to be 

done other than sitting here listening to the evidence.

I have to have the record written up. There are a number 

of exhibits. I assume you gentlemen would like to make 

a written argument.

MR, MOORE: Yes, sir.

THE COURT: But I don't feel like -- I will give

the case priority, because of the circumstances, but, 

as you know, sometimes we get bogged down in detail work, 

and the next thing we know we are several months waiting 

to get these things disposed of.

I will wait until all the evidence is closed before 

I say anymore about that, but I wanted to be sure you 

will expedite the depositions as quickly as possible so 

the Court Reporter can start on the record.

MR. GUNTER: I think we will agree on Saturday

morning.

, MR. MOORE: Yes, sir. And the Reporter may be able

L L k



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527

to get it out by Tuesday, if they are not too long, or 

even that Saturday afternoon,

MR. GUNTER: These depositions shouldn't be long.

THE COURT: Usually the Court Reporter can get it

out pretty quickly. I don't have to worry about that.

Do you have anything else?

MR. GUNTER: I have Defendants' Exhibit No. 1, which

is EMPLOYEE'S HANDBOOK which was not admitted in evidenc5 

and I tender it at this time.

MR. MOORE: Without objection.

THE COURT: All right, let it go in evidence.

MR. MOORE: Mr. Pressley, did you give Mr. Ellard's 

deposition a number?

THE CLERK; No, I just noted it on the minutes.

MR. MOORE: We would like to have one short witness

in rebuttal,

THE COURT: Do you have any more evidence?

MR. GUNTER: No, sir.

THE COURT; All right, you may proceed.

MR. MOORE: We would like to call for the purpose

of cross-examination Mr. Austin Brown, a member of the 

Board of Education.

THE COURT: Who?

MR. MOORE: Mr. Austin Brown.

THE COURT: Is he present in Court?



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528

MR. GUNTER: Mr. Brown is not a member of the Board

of Education.

MR. MOORE: He was a former member.

MR. GUNTER: Yes.

MR. M O O R E H e  was a member of the Board of 

Education during 1 9 6 8-6 9 .

MR. GUNTER: I do not think that gives him the

right to cross examine him,

THE COURT: No. It would have to be a party to

the suit.

MR. MOORE: We would like to call him as a witness,

Your Honor.

THE COURT: All right, bring him in.

THE CLERK: Mr, Brown, if you will take the oath,

please.

The evidence you shall give in the issue joined 

between Rosa A. Head and others and R. D. Blakeney, 

individually and as Superintendent of Schools, and others 

shall be the truth, the whole truth and nothing but the 

truth, so help you God.

MR. BROWN: Yes, sir.

THE CLERK: All right, sir.

O’

-0-



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AUSTIN CLINTON BROWN.

Called as a witness by the Plaintiffs, after having first 

been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. MOORE:

Q Would you state your name, sir?

A Austin Clinton Brown.

Q Where do you live, Mr. Brown?

A 280 Cooley Drive.

Q Is that in the City of Atlanta?

A It is out of the city now.

Q What is your business or profession?

A Insurance representative.

Q And for what company, sir?

A Atlanta Life Insurance Company.

Q Have you served as a member of the Board of 

Education?

A Yes, I have.

Q V/hen were you first appointed?

A I-served twelve years. I can't remember the first,

q V/hen did you cease being a member?

A In May.

Q May, 1969?

A This year, yes.

q V/ere you a member of the Board of Education

^ > /



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624A
530

throughout the school year in 1968-69?

A Yes.

Q Would you state whether or not during the time that

you were a board member the matter of the contracts of Miss

Clara Belle McCrary and Miss Rosa A. Head came before the

board for consideration?

A I voted in favor that they be given contracts.

Q And when was that?

A That was in February, I guess -- no, March, I guess

Q March?

A When we elect teachers. *

Q Pardon me?

A When we elect teachers. I believe that is March,

I believe.

Q And was there another member of the Negro -- pardon

me.
Was there another member of the Negro race on the 

Board of Education at that time?

A Yes.

Q And who was he?

A Kyles Morehead.

Q Do you know whether or not he voted for the 

contracts of Miss McCrary and Miss Head?

A He was not present.

Q He was not present.

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Do you. know whether or not there was more than one

meeting at which the contracts of Miss McCrary and Miss Head 

were considered?

A There was only one, and that was —  I believe, and 

that was the meeting, before the regular meeting of the 

Personnel Committee, and I was on the Personnel Committee, 

but I wasn't present at this meeting.

Q You were not present at the Personnel Committee 

meeting?

A That's right.

. Q And you did vote as a member of the Board of 

Education for Miss McCrary and for Miss Head?

A Yes.

MR. MOORE: No other questions.

-0-

CROSS EXAMINATION

BY MR. GUNTER:

Q Mr. Brown, you were a member of the Personnel 

Committee?

A Yes, sir.

Q You received a notice of the meeting of the 

Personnel Committee that was going to be held to consider 

these contracts?

A Yes.

Q You did not come to this meeting because you knew

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532

that these contracts were going to be considered, did you?

A There were two reasons why I didn't go to the 

meeting.

Q What were those?

A The first reason, I usually called, and I have done 

this for a number of years, I usually talked, maybe a week 

or a week and a half before time to elect teachers, to both 

principals and asked them if there were any teachers they 

were not going to recommend, or this type of thing.

Of course, I had been told by Mrs. Trawick and Mr. 

Baylor that they vie re going to ask that all of their teachers 

be rehired, and that was one reason.

The other reason is that I knew that these 

contracts, I had heard, not talking with them, but by the 

grapevine, as you can get a lot of news, that these people 

were not going to be given contracts, Mrs. Harris' name,

were not going to be given contracts.

This probably is not the best way to do it, but,

at least it is the way I have been doing it, I can do a better

job by bringing what I have to say before the whole board, 

and I knew that I was going to vote that they be given 

contracts, and that is why —  that is the second reason why I 

did not go to this meeting.

Q You did not want to go to the meeting because you 

knew that the contracts for re-employment for Miss McCrary

£  ̂y



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G27A. Q
533.

and Miss Head were going to be discussed at the Personnel 

Committee meeting?

A Not just those. I knew that there were going to be 

some more: Mrs. Harris, Mrs. Fortson. Yes, I knew they

were going to be discussed.

Q And you knew there were going to be other teachers' 

contracts —

A Sure.

q —  other than Negroes who were going to be discusse 

A Oh, yes, yes. You discussed them all.

Q So you purposely did not go to the Personnel 

Committee Meeting?

A That is true.

Q All right.

Now, had you discussed either one of these 

Plaintiffs, either Miss McCrary or Miss Head, with the

Superintendent of Schools?

A We talked about it after the meeting, yes.

Q I am talking about prior to the Personnel Committee

Meeting?

A No.
Q You had talked with Mr. Baylor prior to the

Personnel Committee Meeting?

A This must have been about three or four weeks 

before it. This time he didn't say anything about not



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C*£8 A.

53*+

turning their names in.

Q Mr. Baylor told you he was going to recommend every 

teacher in his school?

A Every teacher.

Q For re-employment?

A That's right.

q And Mrs. Trawick told you she was going to recommem 

every teacher in her school for re-employment?

A All of her teachers, right.

Q But you heard from some other source —

A Yes,

Q —  other than the principals --

A That the contracts were going to be held up.

Q Now, do you recall where you heard this from?

A No, I can't say where I heard it the first time.

q Do you recall any source where you heard it prior 

to the Personnel Committee meeting at which they were going 

to be considered?

A I can't just remember just where I heard it, but 

somebody, in discussing it, said, "I heard they are not 

going to issue contracts to Mrs. Harris and Miss McCrary and 

Miss Head."
q Mr. Brown, do you know whether anybody on the schoc: 

staff told you this?

I am trying to find out -- I really don't know,

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and I am trying to find out how you understood this when the 

principals didn't know it. Where you got your information 

from is what I am trying to find out.

A Well, as I said, when I talked to the principals, 

this was before, I doubt they knew at this time. If so, they 

didn't say anything about it.

When I heard this, this was maybe a day or two befor 

the regular Board Meeting, and I'm in and out, I guess, of 

fifty or sixty houses a day, and usually somebody will jump 

on you or something, "I hear y'all are having a meeting and 

hear you are going to do this", but I can't -- I can't 

remember where I first hear it.

Q Mr. Brown, you said you voted in the full board

meeting?

A Yes.

Q Do you recall how this vote came about? Was not the 

situation presented that the names of all teachers who were 

going to be re-offered contracts were placed on a list --

A That's right.

Q -- -and passed around to each member?

A That's right.

q Each member had a copy of this list in front of him?

A That's right.

Q And the names of people who were not on there, who

were presently in the system, were those who were not going to

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639A
________________________________________________________ 516 •

be re-offered contracts, is that correct?

A That's correct.

Q Nov/, there were eight or nine names of persons 

now in the system who were left off of this list, were there 

not?

A Yes, sir, that's right. Eight, I think.

Q Eight?

A Yes.

Q Nov/, the motion before the full board, do you

recall who made the motion that these teachers on this list
/

be re-employed or re-offered contracts for the ensuing year?

A The way they did it, the way it was done at that 

time, we made a motion, there was a motion and seconded that 

we would accept all of those teachers at certain schools, 

at the different schools. We vote by schools.

And then you would vote on v/hether you are for or 

against hiring these teachers that you are going to dismiss 

or v/ithout their contracts.

Q Was that done at the Board Meeting, or was this 

done at subsequent meeting of the Personnel Committee?

A No. This is the Board Meeting, the same night 

the Personnel Committee met. The Personnel Committee met at 

6 :3 0 and the regular board met at 7 *3 0.

Q All right, in the regular board meeting the motion 

was that every name on this list be re-employed?

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537

A That's right. You had all the names of those who

you are going to employ on one list and those whose contracts 

were going to be x^ithheld on another sheet, 

q All right.

The motion for all those to be re-employed, did youo

vote for or against that motion?

A For,

Q For that motion?

A That's right.

Q All right, now, was there any motion made with

respect to the names on the other list who were not be 

re-offered contracts at that time?

A The other names? What do you mean "the other names1' 

Q You said on another sheet, --

A Yes, you had —  you had one with the wnite teacners

on it and one with the Negro teachers on there.

Other words, you voted to accept all of the white -- 

reject all the white teachers —  the white teachers who were 

there on this one sheet, the motion would be whether you 

were for letting them go or not.

I am getting a little confused.

Q Now, do you say that a motion was made on the

teachers who were not to be re-employed?

A That's right, The motion was made on that, and yot 

could vote for it or against it. This was for the waite

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632A.

_________________________ :_______________________________ £1 8 ,___

teachers. And they had one for the Negro teachers. So you 

voted on them separately.

Q In the full board meeting?

A' Yes, sir, full board meeting.

Q And how did you vote?

A I did not vote -- I did not vote -- I was the only 

one who did not vote for the white teachers, I did not vote 

at all, because some of them I do not know, I did not know 

them, and I felt that I would not vote, so I did not vote 

because I didn't know that much about them.

Q How did you vote on the Negro teachers?

A I voted that they be —  that they be issued their

contracts.

Q Nov/, are you sure that this took place at the board 

meeting?

A Yes. It was at the board meeting.

Q Was there a motion made in the board meeting -- 

Are you confused about this v/ith a subsequent 

Personnel Committee meeting when the G.T.& E.A. was there and 

Mr. Ellard was present?

A No.

MR. GUNTER: Excuse me just a moment.

THE WITNESS: I don't believe we had a called meeti

MR. GUNTER: Let me have a copy of the minutes.

MR. MOORE: I think they are there.

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633A.
539

BY MR. GUNTER:

Q Mr. Brown, I hand you Plaintiffs' Exhibit No. 31+j

which are the minutes of the Board of Education. Nov;, you 

received a copy of the minutes of each board meeting, did you 

not?

A Yes.

Q And it was written and sent out to you before the 

next meeting, typed out?

A That is true.

Q All right, sir.

Now, if you will look here, this is the minutes of

the March 3rd, 1969 meeting.

"Each member was given a list of teachers recommends

by the Personnel Committee, Superintendent and staff to 

receive contracts for the ensuing year. Harold DeLong, 

Chairman of the committee, moved that the teachers recommended 

be approved and the motion carried. The list was as follows:" 

Now, this lists Candler Street Elementary School, 

Enota Elementary School, Fair Street Elementary School,

Main Street Elementary School, Miller Park Elementary School, 

E. E. Butler-High School, Gainesville Junior High School

and the Gainesville High School.

Now, there is nothing in the minutes concerning 

what you have just testified about that there were two lists 

one black list and one white list, and that there was any



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vote on them.

Now, v/hat I am trying to find out from you is are 

you sure this took place at a board meeting, or did this not 

take place at a subsequent meeting requested by the G.T.& E.A. 

at which time you voted?

A No. I might have it confused, but it was at a 

regular meeting.

Q Of the full Board of Education?

A Yes.

Q Well, will you read the —  will you read the minutes 

of the March 3rd meeting and see if there is any indication 

that any vote was taken on teachers who were not to be 

re-offered contracts?

A Well, it was at —  we must have had a called

meeting, then, because we had to vote for -- we had to vote

on it.

Q Isn't the only vote you took on the March 3rd

meeting a decision voting on the teachers who would be

re-offered contracts?

A Yes. This is what this is.

Q That is what that is?

A That 's right.

Q Now, at that meeting no decision was taken by the

full board on persons who were not to be offered contracts, 

except that their names were just left off of this list, isn't



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that correct?

A Well, they were discussed, though.

Q Right.

A At the regular meeting they were discussed.

Q Right.

A And the vote was for -- these were the ones that 

would be rehired, and there was a vote -- there was a vote, 

because it was in the DAILY TIMES that I was the only one thai 

voted that they be issued contracts.

Q Do you know whether that was —

A So It could have been a called meeting.

Q It could have been a subsequent meeting?

A We could have had another meeting after March the

3rd.
q Did you have a meeting with the G.T.& E.A., the 

board, after this at which G.T.&E.A. members were present?

A That was a meeting -- that was a meeting out at 

the junior high school, I think.

Q Wasn't that after this meeting?

A Yes, yes, it would be after that.

Q 'Was that a full board meeting?

A The meeting that they had there was —  that was a

full board meeting, yes.
q All right, will you look on the City Board Minutes 

of May 5th, 1969, that you have there on that exhibit.

..........-



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£3S A
------- — __________________________________________
A May 5th?

Q May 5th?

A Yes.

Q All right, look on the second page, please.

A Yes, sir.

Q You got a copy of this after the meeting was held, 

did you not?

A Yes. We usually get one after every meeting.

Q All right, beginning at the top of the second page:

"The evaluation of teachers was questioned by the 

G.T.&E.A., particularly the use of supervisory personnel.

The Superintendent reported that teachers were evaluated by 

the Board, their principals, the Assistant Superintendent, 

and by himself. The opinion of supervisors employed system- 

wide was considered as they were competent in their field 

to judge a teacher's ability. He further stated that 

principals were asked by the Board to evaluate their teachers 

closer than ever this year because of the reduction in 

number caused by the loss of Negro students and the proposed 

salary increase. On February 20, the Personnel Committee 

of the Board, other members of the board, all eight principal 

met and went over the entire list of teachers now employed, 

and the Personnel Committee decided not to offer contracts 

to nine teachers, six of whom were white and three Negro.

O

The Chairman of the board stated that the board is



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not under obligation to renew the contract of any employee 

when the contract terminates. He pointed out that only three 

of the teachers not offered contracts were Negro, although 

the students lost were all Negro. He further stated that the 

board refused to renew the contract of a white teacher who 

had taught almost as many years as one of the Negro teachers 

in question, and this white teacher was recommended by her 

principal and the Superintendent.

Another charge made by the G.T.& E.A, was that 

different supplements are paid to personnel for industrial 

arts, coaching, etc. The Superintendent replied that race 

did not enter into the payment of supplements. In only one 

instance has a difference been made. At the request of 

Ulysses Byas, former principal of E. E. Butler, this school 

was permitted to have more coaches than the school earned, 

and the regular supplement for coaches was spread over the 

added people."

The next paragraph:

"The G.T.& E.A. also asked that the Board recruit 

and place Negroes in all the schools and in the central 

office, grant maternity leave to teachers, grant teachers 

a stipulated number of days to be out of the classroom for 

personal reasons and have no deduction in pay."

The next paragraph:

"Following a lengthy discussion entered in by member



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©  S 3 3 A O
________________________ _________ ________________________544_____

of the G.T.& E.A., a motion was made by Harold DeLong and 

seconded by Roy Turner that contracts not be renewed for the 

three teachers (Miss Clara Belle McCrary, Miss Rosa Head 

and Mrs. Deborah K. Mack). This motion was carried by a vote 

of eight to one."

Now, this is the meeting that you are referring to,

is it not?

A Yes.

Q So you were mistaken when you said that it was at 

the first meeting?

A Yes, sir.

Q It was at the second meeting when the G.T.& E.A. 

people were present at the board meeting?

A Yes.

Q Now, Mr. Byas —  excuse me, I ’m sorry.

Mr. Brown, you have been on the Board of Education 

for twelve years?

A Yes. I believe that is true.

Q Explain, do you think that the procedures for 

evaluating teachers are satisfactory?

MR. MOORE: I object to that. That is incompetent

and is an ultimate question for the Court as to whether 

the procedures are legally satisfactory or not.

THE COURT: I don't know whether that is a legal

matter, Mr. Moore. I assume the board has the right to



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set up the criteria. Maybe the statute says something 

about it. Somebody sets up the criteria for evaluating 

teachers.

I have been for two days listening to opinions, and 

I am still listening to opinions.

MR. MOORE: Well, the second ground of our objection

would be that the proper foundation has not been laid 

to ask this witness that particular question.

THE COURT: Well, he is talking about an administrau

matter in the school system, and he is speaking to a 

witness who is an ex-member of the board, and I believe 

he established this witness served on the Board of 

Education for the City of Gainesville for twelve years.

I don't know that I have accepted anybody's 

criteria of an expert witness, although I am quite 

certain most of the people who have testified in this 

courtroom know a lot more about the educational 

processes than I, and I am sure this witness knows more 

about the workings of a board of education and the 

criteria used by them in the handling of administrative 

matters than do I , so I will listen to everybody, and I 

will make up my mind who I think may be correct later.

MR. MOORE: All right.

BY MR. GUNTER:
Q Mr. Brown, you have been in the courtroom, you have

■/ 3



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64QA
........ ....................................... 5^6

heard all of the testimony yesterday and today, have you not?

A Yes.

Q Are these procedures that you have heard testified 

about, generally are they the procedures used by the board 

of education?

A Yes, yes.

Q And have they generally been used in this manner 

ever since Mr. Blakeney has been the Superintendent?

A Yes.

Q Do you know Miss Head personally?

A Yes.

Q How long have you known her?

A I guess two years she has been here.

Q How about Miss McCrary?

A I have known her about forty-nine years.

Q About forty-nine years?

Miss McCrary has been teaching ever since you have 

been on the Board of Education?

A Yes.

MR. GUNTER: No further questions.

THE COURT: Do you have any further questions?

MR. MOORE: Yes, sir.

-0-

RE-DIRECT EXAMINATION

BY MR. MOORE:



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6 4 IA D

Q Mr. Brown, at the meeting of March 3rd, 1969? when 

there was a vote on the teachers who would be hired, can you 

state whether or not the teachers, the names of those teacher^ 

were written out on separate sheets of paper underneath the 

schools in which they were to be employed?

A They came out by schools rather than —  by schools: 

Main Street, Fair Street, Butler Street, that way.

Q, You knew the schools that were all black -- 

A Yes.

Q —  and the schools that were all white and the 

schools that were all —  I guess that is it,

A Yes. Just Fair Street and Butler.

MR. MOORE: No other questions.

THE COURT: Do you have any further questions?

' MR. MOORE: No, sir.

THE COURT: Any further questions, Mr. Gunter?

MR. GUNTER: Just a minute, please.

-0-

RE-CROSS EXAMINATION

BY MR. GUNTER:

Q Mr. Brown, at the vote at the May $th -- at the May 

meeting of the Board in 1969? when the vote was eight to one, 

as far as Miss McCrary and Miss Head were concerned, there 

were no lists at all there that night, were there?

A Probably not.



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Q Wasn't this just a discussion of these two people? 

A Yes, these three people.

Q These three people?

A Yes, sir.

Q I'm sorry, these three people.

A This is right.

MR. GUNTER: No further questions.

THE COURT: Any further questions?

MR. MOORE: No, sir.

THE COURT: Just a moment, please, sir.

-0-

BXAKIMATION

BY THE COURT:

Q Was it ever discussed at any Board Meeting as to 

why you were going to reduce the number of teachers that 

were going to be re-hired for the coming year?

A Yes.

Q What was the reason?

A Because of the number of students we were losing 

to the county.

Q Did you discuss —  excuse me.

A Yes, sir. That's all.

Q Did you discuss the probability of a number of 

students that were leaving the City System going to the 

County System and how many teachers —

Y



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I assume you get money from the state and you had 

to figure out how many teachers you would lose? Am I correct 

or am I not?

A That's correct.

Q To you as a member of the Board was it fairly 

obvious to everybody that nine teachers were going to have 

to go?

A According to the number of students we were 

anticipating losing, this was true, and this is about the 

only way you can do it.

Q Vlas there any disagreement among the members of 

the board as to the propriety of not renewing the contracts 

of at least nine teachers, no matter who they may be?

A No.

Q Well, then, if nine teachers had to go and you felt 

that Miss McCrary and Miss Head and the other lady, whose 

name I don't recall, should have been retained, did you make 

any suggestion or do you have in mind three other teachers 

who might have to go?

A I think I made a statement that I known Miss McCrarJy 

and especially Mrs. Harris for a number of years, and that I 

felt that maybe I should be halfway responsible if we have 

kept them there this number of years and all at once we find 

that they are not good teachers.

q Did you know of any other teachers -- you were on

£ V  (



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the Personnel Committee, I believe?

A That's correct.

Q And did you know of any other teachers that would

be classified as "not as desirable" any more so than the

teachers that were being released?

A No, sir.

Q If that is a good word.

A No.

Q What was your solution, then, to the problem?

A To the problem?

Q You had a financial problem of having to let nine

teachers go, and, yet, you didn't want to let all of them go. 

What was the solution going to be?

A Well, I felt that probably there could have been 

teachers who were younger that probably wouldn't mind changing 

that could leave, and I felt that these were -- these must 

have been fair teachers or above-average teachers for us to 

have kept them that long.

Q Miss Head, I think, had been there —

A Just two years.

Q She is a comparatively young lady?

A Yes, sir.

Q You were really more concerned with Miss McCrary?

A Mrs. Harris and Miss McCrary, because of the

length of time that they had been here. &

& i i'



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S45A.
5 5 i

Q You felt maybe a younger teacher ought to be 

released more than Miss McCrary because of her years of 

service to the system?

A Yes.

THE COURT: I have no further questions. Does

anybody else have any? You didn't object to anything I 

asked, but would you like to ask any more questions?

MR. MOORE: No, Your Honor, I don't have any more

quest ions.

THE COURT: All right, any more testimony?

MR. MOORE: The Plaintiffs will rest.

MR. GUNTER: Nothing further for the Defendants.

THE COURT: Gentlemen, I assume you would like to

make some written arguments. Surely you don't want to 

make an oral argument this afternoon.

MR. GUNTER: I don't care to make any oral

argument.

THE COURT: It is rather late. We have all been
/

working very hard and very diligently the last few days.

I will give you an opportunity to make written 

arguments, as well as give me any proposed findings of 

fact, if you desire to do so. That v/ill depend on how 

quickly the Court Reporter can get the record, and I 

will ask him -- I have asked him and will ask him again 

to give it priority, and as soon as the record can be



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552

procured, then how much time do you want, and I would 

like to kind of put a burden on you gentlemen to move 

along as fast as possible, because it is going to take 

me some time after I get your written briefs, as you k 

and I want to tj?y to expedite all the cases as quickly 

as I can. I don't say I do^that in every case, but I 

would like to expedite it.

How much time do you think you would need to give 

me any more authority or any written arguments or 

proposed findings of fact after you receive the record 

for the Court Reporter?

MR. MOORE: How long is the record? About six

hundred pages?

REPORTER: About that.

MR. MOORE: If nothing comes up we can do it in

about ten days.

THE COURT: Ten days?

MR. MOORE: Yes, sir.

MR. GUNTER: When do you think you can get the

record?
REPORTER: A couple of weeks, I suppose.

MR. GUNTER: A couple of weeks.

THE COURT: I am going to have him pretty well

tied up for the next six weeks. He will be doing the 

work at night.

Lv<-/



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6 4 7  A.
553.

MR. GUNTER: Do you want both of us to submit at 

the same time, or should he submit first and give me 

five days to answer and him five days to reply?

THE COURT: I will give you each ten days to submit

your written arguments and findings of fact simultaneous' 

and, if you want to reply to that, I will give you five 

days to do that.

MR. GUNTER: All right.

THE COURT: While the burden is on the Plaintiffs,

of course, ordinarily on a written motion, on a question 

of law, you can do it that way, one submits a brief and 

one submits a reply brief, back and forth, but where I 

have factual issues, trying the case as a jury would 

under normal circumstances,. I am going to be the trier 

of facts, and I feel like you should both submit them 

at the same time, and that is what I usually do on all 

non-jury cases. Then I give you five days, if five days 

is enough, if you need more I will give it to you, but I 

will give you five days to reply, if you desire to reply,

MR; GUNTER: Yes, sir.

THE COURT: Do each of you understand that?

MR. GUNTER: Yes, sir.

MR. MOORE: Yes, sir.

THE COURT: Is that satisfactory?

MR. MOORE: That is satisfactory, Your Honor.

3 / J



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e m  o
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5  5k . . . .

THE COURT: I want to try to make it as convenient

as possible, bearing in mind, of course, I can't alway 

agree with both of you on these things, but I will try 

to accommodate you if I can.

Very well, then, rather than say the briefs should 

be in by a certain date, I will say ten days from the 

date that you receive the record from the Court Reporter. 

And, of course, the Court Reporter will notify the Clerk 

of the date that he mails them to you, and then I will 

give you a couple of days to allow them to get there in 

the normal course of business.

MR. GUNTER: Right.

THE COURT: Ordinarily I am not too rough. If

somebody calls and wants a couple of days, I am usually 

agreeable to doing that without any problem.

Can you think of any other matters this afternoon 

that need to be brought up?

MR. GUNTER: No, sir.

MR. MOORE: No, sir.

THE COURT: Now, there is a matter that you brought

up Monday, Mr. Moore, of the State Board of Education 

being made a party. I have briefly read your brief 

between recesses and sometimes on the bench here, and 

I have also read the reply brief, and I really don’t 

know that any of you have added any more to your initial



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555

briefs. You cited about two cases, and he cites the 

Code Section, and that is about the long and short of it.

Your main case is that of -- it is in here 

somewhere -- this Taliaferro County Case in which I 

believe Mr. Nix was appointed receiver for the schools 

of that county. In the reported version of that case, 

although Mr. Evans tells me the school board was made a 

party later, I cannot find from reading the reported 

case, and I have read it twice, I read it after I talked 

with Mr. Evans, I cannot find where they were ever made 

a party.

True, they did appoint Mr. Nix as receiver, but 

they appointed him as if they would appoint you or I, 

not because he was —  not that they had to appoint him 

because he was superintendent of schools for the State 

but because they desired to appoint him. They could hav 

appointed anybody else, I assume*

I want to check that. That is the reason I am 

postponing any decision on this other. I am going to 

ask, if you gentlemen want to, and I will call Mr. Evans 

after I get back to my office and tell him if he desires 

to furnish any more authority or any more written 

authority on that point, I would be glad for you to do 

so.
And if I come to the conclusion there should be an



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5-56-
oral hearing insofar as that part of the case is 

concerned, I wonder if I might agree -- I am sure he wii; 

agree, but I will ask him if he will agree that that 

be heard in Atlanta, if I have to hear any testimony.

You have made an offer of proof or told me you had 

certain witnesses you wanted to produce to show certain 

facts. Now, if it is necessary to have a hearing, can 

that hearing be held in Atlanta? Or, if not, I have 

got to make arrangements to come up here.

MR. MOORS: I don't see why it couldn't,

THE COURT: My point is, if either side requests

that it be heard in the division that it should be heard 

in, I will come to that division, I feel that is my 

obligation. But if both sides agree to hear it in 

another place which is more convenient to all of us,

I will agree to that.

MR. MOORE: The Plaintiffs are agreeable to have

the hearing in Atlanta.

THE COURT: What I wanted to do is get a copy of

the ord-er. I may have to get it out of the Southern 

District of Georgia, because that is where the case was 

heard, any formal order that has been passed in the case, 

because in the published opinions of cases I cannot 

find where any state board was even made a party to the 

case.

0 Y$



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557

MR. MOORE: Your Honor, our position is that it

doesn't depend upon whether or not the state was made a 

party defendant in the Taliaferro Case. We think that 

the Taliaferro Case shows such great similarity that the 

Courts have judicially recognized that in a proper case 

the State Superintendent of Schools can be made a 

receiver, and, if need be, the State Board of Education

be made a party defendant.

But our bases of contention, Your Honor, are simply 

this: One, we state a cause of action against the state

and, Two, that the State Defendants are involved in a 

Federally assisted program under Title 6 . The State 

Defendants are also involved in the expenditure of state 

money. Therefore, they are covered under the Equal 

Protection Clause of the Fourteenth Amendment, and 

that they are, therefore, proper parties, and that they 

have control, they are in a dominant and controlling 

position of the financial lives of these separate school 

districts, and, therefore, they should be a party 

defendant, and that the school system of the State of 

Georgia is not a many-pronged one but it is really a 

unitary system with the State Board of Education at the

top.
THE COURT: I want you to know that I don't

consider the Alabama Case as authority in Georgia,



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because Georgia's system traditionally, I think, since 

the Minimum Foundation Program was set up, has a rather 

unique situation. I won't go into that now, because the 

Defendants in this case here are not primarily concerned 

with that element of the case.

MR. GUNTER: Your Honor., I think we are concerned

with it.

THE COURT: I mean insofar as -- of course, you are

involved, but —

MR. GUNTER: We certainly don't anticipate having

the State Board of Education or Mr. Nix appointed 

receivers for the Gainesville City Board of education, 

so we are vitally concerned with the matter.

THE COURT: I know you are concerned. I didn't mear.

to say you wouldn't be concerned. I meant by that you 

were concerned with the legal aspects but the State is 

the one that is resisting this. I have received no 

brief from the Defendants, your Defendants, or anyone 

else with respect to keeping the State out. The only 

one so far has resisted the State staying out of this 

particular case is the State of Georgia,

MR. GUNTER: At the pre-trial conference I did,

may it please the Court.

THE COURT: I was not present, as you know, through­

out the whole pre-trial conference. It is one of those



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mixed-up things that Judge Edenfield was conducting with 

respect to another case, and I was not able to be there 

the entire time. Nor do I think Mr. Moore was there at 

the time,

I raised the same question, though, that was raised 

by Judge Edenfield at that hearing, and I have not 

received a satisfactory answer from anybody yet on it. 

Until you can show me the State of Georgia has the right , 

under the law, to tell a school system, no matter where 

it may be located, which teacher they can hire and which 

teacher they cannot hire, I take a very dim view of it.

The reason I am saying this now, this is authority 

that I want see. I want authority on these points.

MR. MOORE: Your Honor, we take the position that

the State is responsible whether it acts affirmatively 

or whether it acts passively, where there is discriminati 

on the basis of race or color, and our allegations in 

the complaint are adequate to charge discrimination on 

the basis of race or color in a state and federally 

assisted program, and the regulations —

THE COURT: Excuse me. I know what the point is.

You have raised it in your brief. That is not the point 

I am talking about, and that is why I said, that is why 

I am particularly asking you about this now, because, if 

you are going to get involved, I will talk to you later

*4=4=1



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<R54A

about it by phone, but I want some authority from you 

and from the State, since you are the one asserting it,

I assume you would be the one more interested in furnish 

me the authority, whether or not the State passively 

or actively —  of course, if they are actively engaged 

in it, it is obvious they could be made a party, they 

could be made a party, but, unless they have the right 

to tell the Gainesville School Board or the Atlanta 

School Board or the Taliaferro County School Board or an; 

other school board who they should hire and who they 

should not hire, they do furnish money, and I think we 

could stipulate how much money they get from three 

sources: State, Federal and local, and the majority

of the money comes from the State, as I understand it, 

so they do furnish money, but the question was asked by 

Judge Edenfield at that hearing, and in response -- I 

don't know whether Mr. Rindskopf made any response to it 

or not, but he says: "When they send the money to the

Gainesville System, or any system, do they know how many 

white or black teachers they have?" And the answer was 

no,
o

MR. MOORE: But that isn't the issue that begs the

question.

THE COURT: I think the issue --

MR. MOORE: The question is whether the state has

________________________________________________________560

H aJ



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to promulgate rules and regulations outlawing discriminati 

in a state-assisted and supported program of teacher- 

hiring, and certainly the state does not have the power 

to say you should hire, but the state does have an 

obligation to take those steps that are necessary to root 

out and to prevent racial discrimination in a state- 

assisted program.

THE COURT: I understand what you are talking about.

I don't want to get into an argument now about the criteii 

and so forth, but there are certain matters that I will 

take up later with you, because it is late.

MR. GUNTER: May it please the Court, we would like

to, if the Court has a hearing on this matter, the City 

of Gainesville, the Board of Education, would certainly 

like to be present, because our position is going to be 

that the state has not right in this matter as a party 

until discrimination has been proved. The mere allegatior 

of discrimination does not allow the state to be a party,

THE COURT: I understand.

MR. GUNTER: And this will be our position. As I

say, we think that Gainesville is vitally affected by 

whether or not the prayers of the petition against the 

State are allowed or not.

THE COURT: Well, any hearing that will be held, Mr,

Gunter, not only will you be invited to attend but I wil..

i -r



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6 5 6 h
562

€ )

encourage your attendance, and I will also encourage any

authority that you, Mr. Moore or the State can give me, 

because I am always glad to get every bit of authority 

I can find.

I have to say this, I consider an individual case 

such as this, where the status oi the named individuals 

is left in the air by reason of court action, more 

crucial than I would a case in which you are seeking to 

make a class action or make the State Board a party. 

Therefore, it may be some time, if X have a hearing, 

before I could have a hearing for the simple reason that 

we are full-up from now until the first of August.

I was fondly hoping I might be able to have a couple 

of weeks then. I don't know whether I will be able to 

or not.
But, if not, we will try to set it up somewhere aft 

that period of time. But, first, I want to go into this 

a little bit more, I will be in contact with all partie 

including the Defendants, the school board here and the 

State Board of Education and the Plaintiffs in.this case 

Gentlemen, are there any other matters that you knc 

of that need to come up at the present time?

e

MR. GUNTER: No, sir.

MR. MOORE: None.

THE COURT: Thank you for your courtesy, gentlemen



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A.
56i

We will take a recess until further order, 

(Whereupon, Court was adjourned at 6:^0 P. M.)

-0-

(ETJD OF TRANSCRIPT)



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G58A

UNITED STATES OF AMERICA 

NORTHERN DISTRICT OF GEORGIA

Ij RUFUS L. HIXON, Official Court Reporter of the United 

States District Court for the Northern District of Georgia 

do hereby certify that the foregoing % 3 pages contain a' 

true transcript of proceedings had before the said court 

held in the City of Gainesville, Georgia, in the matter there 

stated.

In testimony whereof I hereunto set my hand on this the

Northern District of Georgia



V  , rtfwfc653A \

Plaintiff has filed a motion to alter or amend the order; 

of this court, dated June 20, 1969.

That order granted a motion to dismiss the State School 

Superintendent and the State Board of Education as parties in this 

action. The court concluded that the state had neither constitu­

tional nor statutory control over the hiring and firing of school 

teachers. Pointing to this conclusion is Ga. Code Ann. §32-607, 

which provides:

All teachers ... shall be employed by local 
boards of education on the recommendation of 
the superintendent of schools of the local 
unit....

Based on this statute, the court concluded that the state was not 

involved in any discriminatory firing of Negro teachers.

In the motion to alter or amend, plaintiffs assert they 

are prepared to show that the contract of every teacher in the 

State of Georgia is expressly made subject to the power and author' 

ity of the State Superintendent of Schools, and the State Board 

of Education. At issue is whether the state is involved in any 

discriminatory teacher employment practices. In the event the 

State Superintendent and State Board of Education have the power 

over teacher contracts, as plaintiffs contend, then possibly facts 

might be proved entitling plaintiffs to relief against the state

defendants.



ip S 3  A

A hearing for the purpose of reconsidering this court's

order of June 20, 1969, shall be held in Atlanta on Tuesday, 

September 2, 1969, at 9:30 A.M., in court room 218, Old Post 

Office Building.

So ordered this the 31st day of July, 1969.

Judge, Unipern States 
for the Northern Disti

ict Court 
ct of Georgia;



661A f'/i Fr>,Ln <N
°#fC

%IN THE UNITED STATES DISTRICT COURT
 ̂ i&UfFOR THE NORTHERN DISTRICT OF GEORGIA' H

GAINESVILLE DIVISION y'shcL

ROSA A. HEAD and CLARA BELLE 
McCRARY, Individually and on 
behalf of all others similarly 
situated,

Plaintiffs,
Vs .

R. D. BLAKENEY, Individually 
and as Superintendent of Schools 
of the Gainesville, Georgia City 
School District; GAINESVILLE CITY 
BOARD OF EDUCATION; JACK P. NIX, 
Individually and as Georgia State 
Superintendent of Schools; and 
GEORGIA STATE BOARD OF EDUCATION,

Defendants.

§

§
§
§
§
§

§

§

CIVIL ACTION 
NO. 1 2 7 7

WRITTEN ARGUMENT ON BEHALF OF THE 
DEFENDANTS BLAKENEY AND GAINESVILLE 
CITY BOARD OF EDUCATION PURSUANT TO 
TRIAL OF THE CASE BEFORE THE COURT 
WITHOUT A JURY ON JUNE 23rd and 24th, 
1969

This written argument is presented on behalf of the 
defendants Blakeney and Gainesville City Board of Education 
following the trial of the above-,stated case before the court 
without a jury on June 23 and 24, 1969.

This written argument will be presented in three parts 
as follows:

PART I - - Proposed statement of the case submitted 
by the. defendants .

PART II - - Proposed findings of fact submitted by 
defendants.

PART III- - Proposed conclusions of law submitted by 
the defendants.



€G£A

For purposes of clarity the two plaintiffs will be 

referred to as "Miss Head and Miss McCrary" and the two 
defendants will be referred to as "Blakeney and Gainesville 
City Board".

PART I

PROPOSED STATEMENT OF CASE SUBMITTED BY DEFENDANTS
This complaint was brought by Miss Head and Miss 

McCrary, two black school teachers, who were employed by the 
Gainesville City Board for the school year 1968-69 against four 
defendants as follows: Blakeney individually and as City School
Superintendent, Gainesville City Board, Jack P. Nix, individually 
and'as State School Superintendent, and Georgia State Board of 
Education.

Miss Head and Miss McCrary alleged that they were pro­
perly qualified and certified teachers in the Gainesville City 
Schools during the school year 1968-69 and prior thereto. They 
alleged that they had been notified by the defendant Blakeney 
that they would not be given contracts to teach in the Gainesville 
City School system during the school year 1969-70. They further 
alleged that the failure to re-hire them was solely because of 
their race or color, and that the racial refusal to re-hire is 
illegal and unconstitutional under the Constitution and laws of 
the United States.

The relief sought by the plaintiffs against Blakeney and 
Gainesville City Board was as follows:

(a) That the court issue an injunction enjoining 
defendants Blakeney and Gainesville City Board from refusing to 
re-hire plaintiffs and members of their class because of their 
race or color;

(b) That the court enjoin the defendants Blakeney and 
Gainesville City Board from making or enforcing contracts with

2



G 4

any other teachers which will have the effect of denying 
positions to plaintiffs and members of their class because 

of race or color;
(c) The court order defendants Blakeney and 

Gainesville City Board of Education to pay the plaintiffs any 
salaries or future salaries of which they have been, deprived 
by the defendants'illegal acts.

The complaint contained further allegations with respect 
to the State Superintendent of Schools and the State Board of 
Education and sought certain relief against them, but prior to 
the trial the court dismissed as parties defendant the State 
Superintendent of Schools and the State Board of Education. 
Therefore for the purposes of this decision the allegations 

pertaining to the State School Superintendent and the State 
Board of Education and the relief sought against them are not 
relevant.

The complaint invoked jurisdiction pursuant to 28 U.S.C. 
§1343(3) and 42 U.S.C. §1983.

The defendants Blakeney and Gainesville City Board 
answered the complaint of Miss Head and Miss McCrary admitting 
that they had not been offered contracts to teach in the 
Gainesville City School system for the year 1969-70, but said 
defendants denied that the refusal to re-hire the plaintiffs was 
on the basis of their race or color and further denied that any 
racial discrimination had been practiced by the defendants in 
the refusal to re-employ Miss Head and Miss McCrary for the 

ensuing school year.
The case proceeded to trial before the court without a 

jury on June 23rd and June 24, 1969. Two full days of evidence 
was heard by the court, a transcript of the evidence consisting 
of 563 pages has now been prepared and filed by the Court Reporter,

3.



counsel for the opposing parties have submitted written 
arguments to the court, and the case is now ready for decision 
by the Court.

PART II

PROPOSED FINDINGS OF FACT 
SUBMITTED BY DEFENDANTS.

1 .
Miss Head and Miss McCrary were black school teachers 

employed by the Gainesville City Board in the Gainesville School 
system in the year 1968-69 and prior thereto. The Gainesville 
City Board was the employer and Miss Head and Miss McCrary were 
employees of Gainesville City Board. 'The teaching contracts 
entered into by the Gainesville City Board with teachers were 
for one year only, and the teaching contracts of Miss Head and 
Miss McCrary, as well as all other teachers in the Gainesville 
system, terminated at the end of the 1968-69 school year.

2 .
The Gainesville City Board did not offer contracts of 

re-employment to Miss Head and Miss McCrary for the ensuing 
school year, 1969-70.

3.

During the school year 1968-69 approximately 275 to 300 
black Hall County students were enrolled in the Gainesville City 
system, but because of the Hall County system's desegregation 
plan said black students will not be enrolled in the Gainesville 
City system during the year 1969-70, but said black students will 
be enrolled and educated in the Hall County system during the 
1969-70 school year. -There will be a net decrease in the total 
enrollment of students in the Gainesville City system during the 
year 1969-70 of approximately 275 to 300 students.

b.



<8 6i> A.
4.

.'The only reason for the overall reduction in the 

teaching staff of the Gainesville City system for the school 
year 1969-70 is the loss of black students from the Gainesville 
City system to the Hall County system. (T. R. p. 49).

5.
For the past several years the Gainesville City School 

system has been in the process of upgrading the quality of its 

teachers. (Transcript p. 447 and T. pp. 450-51).

6.
In the school year 1968-69, twenty-six per cent of the 

Gainesville system faculty was black and thirty-four per cent 
of the Gainesville system student body was black. (T. 373).

7 .
The Gainesville City Board of Education consists of 

12 members appointed by the Gainesville City Commission, and 
the Mayor of the City of Gainesville serves as a member of the 
Board by virtue of his office in addition to the 12 appointed 
members. The Gainesville City Board has full and complete 
control over the Gainesville City School system. (See Defendants' 
Exhibit No. 1, "Employee's Hand Book", p. 5.) The personnel 
committee of the Gainesville City Board during the school year 
1968-69 consisted of five members, four of them white and one 
of them black. (T. R. page 437). Two of the 12 appointed 
members of the Gainesville City Board were black, and two black 
persons have been members of the Gainesville City Board for 
several years. (TR. 395).

8 .

"Under the system used by the Gainesville City Board for
re-employment or employment of teachers the superintendent/and

5.



his professional staff1 including principles of schools rated 
teacher personnel and made recommendations to the superintendent 
with respect to whether such teacher personnel should be 
employed or not employed in the City School system. The super­
intendent then made recommendations to the personnel committee 
of the Gainesville City Board with respect to whether or not 
teacher personnel should be employed by the Board. The personnel 
committee of the Board then made its recommendation to the full 
Board, and the full Board made the final decision as to whether 
on not a teacher, black or white, would be offered a contract for 
the ensuing school year.

9.
On February 20, 1969 the personnel committee of the 

Gainesville City Board, other members of the Board, and all 
eight (8) principals of schools in the Gainesville system went 
over the entire lists of teachers then employed and the personnel 
committee decided to recommend that contracts for the ensuing 
year not be offered to nine (9) teachers, six of whom were white 
and three of whom were black. (TR. p. 542).

10.
The superintendent recommended to the personnel 

committee that Miss Head and Miss McCrary, after an evaluation 
of them by himself and his staff, not be given contracts for 
the ensuing school year because of their ineffectiveness as 
teachers. (TR. p. 446). The personnel committee recommended 
that Miss Head and Miss McCrary not be re-employed for the 
ensuing year, and the personnel committee also recommended to 
the full Board that seven other teachers in addition to Miss 
Head and Miss McCrary not be employed for the ensuing year. Six 
of the seven additional teachers were white and one of them was 
black. The full Board voted not to offer contracts to said



f&7A

teachers for the ensuing year. (TR. 535 and 536).

; y  1L-
J^iss Head was a teacher of commercial education in the 

Gainesville School system, and she was certificated by the State 
only in this field. 'In evaluating Miss Head's effectiveness as 
a teacher of commercial education the school superintendent com­
pared her with all other teachers of commercial education in the 
system, and in his judgment he rated Miss Head as least effective 
of all of them. Since the Gainesville system would require one 
less commercial education teacher during the ensuing year, the 
superintendent recommended to the personnel committee that Miss 
Head not be re-offered employment for the ensuing year. (Tr;. 112)

There were no positions open in the Gainesville City 
system for which Miss Head could qualify for the ensuing school 
year, 1969-70. (TR. 114).

13.
Miss McCrary was a teacher in the Gainesville City 

system teaching the fourth grade. The superintendent did not 
recommend Miss McCrary for re-employment for the school year 
1969-70. (TR. 124). It was the superintendent's judgment that 
Miss McCrary was not as effective a teacher as teachers that he 
would want to retain in the school system, and this is the reason 
he gave Miss McCrary after the Gainesville City Board had voted 
not to re-employ her for the ensuing school year. (TR. 130). In 
making his judgment concerning Miss McCrary the superintendent 
compared Miss McCrary with all other teachers in her certificated 
field throughout the system. (TR. 157). (TR. 407).

7.

/ / /



m s  a

i4.
It was the superintendent's judgment after his 

evaluation of all teachers that certain black teachers in 
the system were effective teachers and they were re-offered 
contracts for the ensuing school year upon his recommendation 
to the Gainesville City Board. (TR. 411). The superintendent 
also recommended to the Gainesville City Board that it employ 
a new black teacher who the superintendent considered would be 
an effective teacher in the classroom, and the Board accepted 
his recommendation and employed her to teach in a predominately 
white school in the system.. (TR. 414, 415).

PART III
PROPOSED CONCLUSIONS OF LAW SUBMITTED BY DEFENDANTS

1 .
The defendant Blakeney individually or as superintendent 

of the Gainesville City School system was not the employer of the 
plaintiffs, and therefore the evidence adduced upon the trial 
fails to support a claim against the defendant Blakeney.

2 .
The failure of the Gainesville City Board to re-employ 

the plaintiffs for the ensuing year was a decision exercised by 
the Board in its discretion, there is adequate and sufficient 
evidence in the record to substantiate the Board's failure to 
re-employ, and the failure of the Board to re-employ the plaintiffs 
was not based on the race or color of the plaintiffs. The court 
is of the further opinion that the relief sought in the complaint 
can not be granted in this civil action against the Gainesville 
City Board because the Gainesville City Board is not a "person" 
within the meaning of 42 U.S.C. §1983. The Gainesville City Board



occupies the status of a municipality, and the Supreme Court 
of the United States in the case of Monroe vs■ Pape, 365 U. S. 
167, has held that a municipality is not within the ambit of 
the statute enacted April 20, 1871 and now codified as 42 U.S. C. 
§1983. See also the case of Harkless, et al. vs. The Sweeny 
Independent School District of Sweeny, Texas, et al,, C. A. No. 
66-G-34 in the United States District Court for the Southern 
District of Texas, Galveston Division. (Decision entered on 
June 6, 1969 by U. S. District Judge James Noel).

An appropriate judgment may be prepared and presented 
by counsel for the defendants consistent with these findings for 

entry by the court.

k ~k -k ~k 'k -k ~k ~k -k -k -k

The foregoing is respectfully submitted by:

KENYON, GUNTER, HULSEY & SIMS

Wm. B. Gunter
ATTORNEYS OF RECORD FOR THE 
DEFENDANTS BLAKENEY AND 
GAINESVILLE CITY BOARD

9.



CERTIFICATE OF SERVICE

This will certify that a copy of the foregoing written
argument on behalf of R. D. Blakeney and the Gainesville City
Board of Education has been served by United States Mail this
date by depositing a copy of same properly addressed with
sufficient postage affixed thereon so as to reach them in due
course of mail upon the following:

Mr. Howard Moore, Jr.
Attorney at Law
859 1/2 Hunter Street, N. W.
Atlanta, Georgia 30314
Mr. Alfred L. Evans, Jr.
Assistant Attorney General 
132 Judicial Building 
40 Capitol Square 
Atlanta, Georgia 30334
This 4th day of August, 1969.



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o f  a l l  o t h e r s  s i m i l a r l y  s i t u a t e d ,

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a s  S u p e r i n t e n d e n t  o f  S c h o o ls  of th e  i
G a i n e s v i l l e ,  G e o r g i a  C i ty  S c h o o l  
D i s t r i c t ;  G A IN E S V IL L E  C IT Y  BO A R D  
O F  E D U C A T IO N ;  J A C K  P .  NIX, J
I n d i v i d u a l l y  a n d  a s  G e o r g i a  S ta t e  
S u p e r i n t e n d e n t  of S c h o o ls ;  a n d  G E O R G IA  
S T A T E  B O A R D  O F  E D U C A T IO N ,  j

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C IV IL  A C T IO N  

N O . 1 2  7 7

B R I E F  F O R  P L A I N T I F F S  A F T E R  H E A R IN G  IN 
S U P P O R T  O F  T H E IR  P R O P O S E D  F IN D IN G S  

O F  F A C T  A ND  C O N C L U S IO N S  O F  L AW

I n t r o d u c t i o n

T h i s  i s  a  c iv i l  a c t i o n  f o r  i n j u n c t i v e  r e l i e f  a n d  fo r  a  d e c l a r a t o r y

j u d g m e n t .  P l a i n t i f f s  a r e  M i s s  C l a r a  B e l l e  M c C r a r y  a n d  M i s s  R o s a  H e a d .

P l a i n t i f f s  su e  on  b e h a l f  of t h e m s e l v e s  a n d  a l l  o t h e r s  s i m i l a r l y  s i t u a t e d .

T h e  d e f e n d a n t s  a r e  R .  D . B la k e n e y ,  S u p e r i n t e n d e n t  of th e  S c h o o l s  of th e

G a i n e s v i l l e ,  G e o r g i a  C i ty  S c h o o l  D i s t r i c t ,  a n d  th e  G a i n e s v i l l e  C i ty  B o a r d

of E d u c a t i o n .  T h e  d e f e n d a n t s  G e o r g i a  S ta t e  B o a r d  o f  E d u c a t i o n  an d  J a c k

P .  N ix ,  S t a t e  S u p e r i n t e n d e n t  o f  S c h o o l s ,  w e r e  o r d e r e d  d i s m i s s e d  a s  p a r t y

d e f e n d a n t s  b y  an  o r d e r  of th e  C o u r t  d a t e d  J u n e  20, 1969, w h ic h  h a s  b e e n
on

s e t  d o w n  f o r  r e h e a r i n g  on  S e p t e m b e r  2, 1 969 / p l a i n t i f f s ' m o t i o n  to  a l t e r

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T h e  n a m e d  p l a i n t i f f s ,  tw o  B l a c k  s c h o o l  t e a c h e r s  f o r m e r l y  e m p l o y e d  

b y  th e  G a i n e s v i l l e  C i ty  S c h o o l  D i s t r i c t ,  c h a r g e  th e  d e f e n d a n t s  w i th  d i s ­

c r i m i n a t i n g  r a c i a l l y  a g a i n s t  t h e m  a n d  o t h e r  s i m i l a r l y  s i t u a t e d  w i th  r e g a r d  

to  e m p l o y m e n t ,  a s s i g n m e n t s ,  a n d  d i s m i s s a l .  D e f e n d a n t s  d e n y  t h a t  t h e y  

d i s c r i m i n a t e  on th e  b a s i s  o f  r a c e  o r  c o l o r  a n d  a l l e g e  t h a t  t h e y  d id  n o t  

r e n e w  t h e  c o n t r a c t  of M i s s  M c C r a r y  to  t e a c h  a  f o u r t h  g r a d e  c l a s s  a t  th e  

a l l - B l a c k  F a i r  S t r e e t  S c h o o l  b e c a u s e  of a  r e d u c t i o n  i n  th e  n u m b e r  of 

s t u d e n t s  a t t e n d i n g  t h a t  s c h o o l  a n d  f o r  a l l e g e d  " i n e f f e c t i v e n e s s " .  D e f e n ­

d a n t s  c l a i m  t h a t  M i s s  H e a d  w a s  n o t  r e - e m p l o y e d  to  t e a c h  c o m m e r c i a l  

e d u c a t i o n  i n  t h e  a l l - B l a c k  E .  E .  B u t l e r  H ig h  S c h o o l ,  s o l e l y  b e c a u s e  of 

t h e  r e d u c t i o n  in  e n r o l l m e n t .

A  h e a r i n g  w a s  h e l d  on p l a i n t i f f s '  m o t i o n  f o r  a  p r e l i m i n a r y  i n j u n c t i o n  

i n  G a i n e s v i l l e  on  J u n e  23 an d  2 4 th .  P l a i n t i f f s  w i l l  n o w  p r o c e e d  to  r e v i e w  

t h a t  e v id e n c e  in  t h e i r  s t a t e m e n t  of th e  c a s e .

S T A T E M E N T  O F  T H E  C A SE

T h e  G a i n e s v i l l e  C i ty  S c h o o l  D i s t r i c t  i s  o n e  c h a r a c t e r i z e d  b y  l o n g ­

s t a n d in g  a n d  c o n t i n u in g  d i s c r i m i n a t i o n  a g a i n s t  B l a c k  s t u d e n t s  a n d  t e a c h e r s  

on  th e  b a s i s  o f  t h e i r  r a c e  o r  c o l o r .  In  N o v e m b e r ,  1953, l e s s  t h a n  a

y e a r  b e f o r e  th e  d e c i s i o n  in  B r o w n  v .  B o a r d  of E d u c a t i o n , 347 U . S .  483 

(1954) ,  th e  d e f e n d a n t  G a i n e s v i l l e  C i ty  S c h o o l  D i s t r i c t  e n t e r e d  in to  a 

t w e n t y - o n e  y e a r  c o n t r a c t  w i th  th e  H a l l  C o u n ty  B o a r d  of E d u c a t i o n ,  in  

w h ic h  a l l  o f  th e  B la c k  c h i l d r e n  r e s i d i n g  in  th e  C o u n ty  o u t s id e  of th e  C ity  

o f  G a i n e s v i l l e  w o u ld  a t t e n d  s c h o o l  in  th e  C i ty  D i s t r i c t  (E x h .  36).  A 

s e p a r a t e  c o n t r a c t  g o v e r n e d  th e  e d u c a t i o n  of w h i te  c h i l d r e n  w ho  l i v e d  in  

t h e  C o u n ty  b u t  a t t e n d e d  s c h o o l  in  to w n  (E x h .  4 ) .  T h e  C o u n ty  w a s  a b le  

to  d e v e lo p  a n d  m a i n t a i n  a n  a l l - w h i t e  s c h o o l  s y s t e m  t h r o u g h  th e  p e r f o r m ­

a n c e  of t h e s e  c o n t r a c t s .  E v e n  to d a y ,  t h e r e  a r e  n o  B la c k  t e a c h e r s

-2-

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e m p l o y e d  in  t h e  H a l l  C o u n ty  S c h o o l  S y s t e m  ( D e p o s i t i o n  of M r s .  F r a n c e s  

M i l l e r ,  A s s i s t a n t  S u p e r i n t e n d e n t  of th e  H a l l  C o u n ty  S y s t e m ,  a t  10, 12,

13).

D e f e n d a n t  G a i n e s v i l l e  C i ty  S c h o o l  D i s t r i c t  ( h e r e i n a f t e r  r e f e r r e d  to  

a s  C i ty  D i s t r i c t )  t o o k  no  s t e p s  to  d e s e g r e g a t e  i t s  s c h o o l  s y s t e m  f o l lo w in g  

t h e  B r o w n  d e c i s i o n .  I t  w a s  n o t  u n t i l  a f t e r  t h e  p a s s a g e  of th e  C iv i l  R ig h t s  

A c t  o f  1964  t h a t  t h e  C i ty  D i s t r i c t  m o v e d  to  d e s e g r e g a t e  i t s  s y s t e m  a n d  

p r e s e n t e d  a  p l a n  o f  d e s e g r e g a t i o n  to  th e  D e p a r t m e n t  of H e a l t h ,  E d u c a t i o n ,  

a n d  W e l f a r e  a n d  e x e c u t e d  a  l e t t e r  o f  a s s u r a n c e  o f  c o m p l i a n c e  w i th  T i t l e  

V I of t h a t  A c t .  (E x h s .  1, 2 ) .  C i ty  D i s t r i c t  s u b m i t t e d  a  p l a n  w h ic h

p r o v i d e d  t h a t  d e s e g r e g a t i o n  w o u ld  b e  a c h i e v e d  b y  a  c o m b i n a t i o n  o f  g e o ­

g r a p h i c  z o n in g  a n d  s o - c a l l e d  f r e e d o m  of c h o ic e  (E x h .  1). N e i t h e r  th e  

o r i g i n a l  p l a n  n o r  a n y  r e v i s i o n s  o f  t h a t  p l a n  h a s  r e s u l t e d  in  e i t h e r  s i g n i ­

f i c a n t  o r  s u b s t a n t i a l  d e s e g r e g a t i o n  of th e  s c h o o l  s y s t e m .

D e f e n d a n t  B la k e n e y  t e s t i f i e d  t h a t  C i ty  D i s t r i c t  o p e r a t e s  f iv e  e l e m e n ­

t a r y  s c h o o l s ,  tw o  h ig h  s c h o o l s ,  a n d  o n e  j u n i o r  h ig h  s c h o o l ,  ( T r .  1 6 -1 8 ) .

T h e  t o t a l  e n r o l l m e n t  in  th e  f iv e  e l e m e n t a r y  s c h o o l s  i s  2 , 4 4 1 .  T h e r e  a r e  

723 B l a c k  s t u d e n t s  e n r o l l e d  in  th e  a l l - B l a c k  F a i r  S t r e e t  E l e m e n t a r y  

S c h o o l  a n d  76 B la c k  s t u d e n t s  in  th e  f o u r  f o r m e r l y  a l l - w h i t e  e l e m e n t a r y  

s c h o o l s .  T h e r e  a r e  475 s t u d e n t s  e n r o l l e d  in  th e  a l l - B l a c k  E .  E .  B u t l e r  

H ig h  S c h o o l  a n d  21 B l a c k  s t u d e n t s  a t  th e  f o r m e r l y  a l l - w h i t e  G a i n e s v i l l e  

H ig h  S c h o o l ,  w h o s e  t o t a l  e n r o l l m e n t  i s  882. A t  th e  G a i n e s v i l l e  J u n i o r  

H ig h  S c h o o l  113 B l a c k s  a r e  e n r o l l e d  a n d  619 w h i t e s .  Of t h e  475 s t u d e n t s  

a t t e n d in g  E .  E .  B u t l e r  H ig h  S c h o o l ,  97 o f  t h e m  l i v e  in  H a l l  C o u n ty .  T h e r e  

w e r e  169 B l a c k s  f r o m  t h e  C o u n ty  e n r o l l e d  a t  F a i r  S t r e e t  E l e m e n t a r y  

S c h o o l  d u r i n g  th e  l a s t  s c h o o l  y e a r  ( T r .  45).

F a c u l t y  d e s e g r e g a t i o n  h a s  l i k e w i s e  b e e n  h e l d  to  a  b a r e  m i n i m u m ,  f a r  

b e lo w  t h e  s t a n d a r d s  w h ic h  h a v e  b e e n  s e t  by  t h e  c o u r t s .  F o u r  w h i t e s

- G73A

- 3-

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w e r e  e m p l o y e d  a s  t e a c h e r s  a t  th e  a l l - B l a c k  F a i r  S t r e e t  E l e m e n t a r y  

S c h o o l  d u r i n g  th e  l a s t  s c h o o l  y e a r .  F a i r  S t r e e t  i s  a l l o t t e d  27 f a c u l t y  

p o s i t i o n s  o r  s p a c e s .  O n ly  o n e  B l a c k  t e a c h e r  w a s  e m p l o y e d  a t  E n o ta  

E l e m e n t a r y  S c h o o l ,  w h e r e  t h e r e  a r e  22 f a c u l t y  p o s i t i o n s  ( T r .  20).  T h e  

f a c u l i t i e s  a t  M i l l e r  P a r k ,  M a i n  S t r e e t ,  a n d  C a n d l e r  E l e m e n t a r y  S c h o o ls  

a r e  a l l - w h i t e .  T h e  c o m b i n e d  a l l o t t m e n t  f o r  t h e s e  t h r e e  s c h o o l s  i s  47 

( T r .  4 7 ) .  O f th e  t o t a l  o f  39 t e a c h e r s  a t  t h e  G a i n e s v i l l e  H ig h  S c h o o l ,  

o n ly  o ne  of t h e m  i s  B la c k .  T h e r e  a r e  21 B l a c k  t e a c h e r s  a t  B u t l e r  H ig h  

S c h o o l  a n d  5 w h i te  t e a c h e r s .

B l a c k  t e a c h e r s  h a v e  b o r n e  th e  b u r d e n  of d e s e g r e g a t i n g  t h e  C i ty

D i s t r i c t  s c h o o l  s y s t e m .  S in c e  C i ty  D i s t r i c t  c o m m e n c e d  d e s e g r e g a t i o n ,

t h e r e  h a s  b e e n  a s t e a d y  a t t r i t i o n  of B la c k  f a c u l t y  m e m b e r s  f r o m  th e

1
s c h o o l  s y s t e m .  T h e  S u p e r i n t e n d e n t  a t t r i b u t e s  th e  lo s f  o f  B la c k  f a c u l t y  

to  t h e  r e d u c t i o n  of e n r o l l m e n t  r e s u l t i n g  f r o m  th e  r e t u r n  o f  a p p r o x i m a t e l y  

600 B la c k  s t u d e n t s  to  th e  C o u n ty  s c h o o l  s y s t e m  in  o r d e r  t h a t  t h e  C o u n ty  

m i g h t  d e s e g r e g a t e  i t s  s t u d e n t  b o d i e s  ( T r .  48 ) .  A c c o r d i n g  to  M r .  

B la k e n e y ,  th e  p e r c e n t a g e  r e d u c t i o n  of B la c k  f a c u l t y  v i s  a  v i s  B la c k  

s t u d e n t s  h a s  b e e n  a s  fo l lo w s :

B la c k  S tu d e n t  B o d y B l a c k  F a c u l t y

1 9 6 6 -6 7 p e r c e n t a g e of 39 1 /2 37

1 9 6 8 -6 9 p e r c e n t a g e of 34 26

1 9 6 9 -7 0 p e r c e n t a g e of 29 25 ( T r .  373)

In  th e  l a s t  tw o  y e a r s ,  C i ty  D i s t r i c t  h a s  e m p l o y e d  a t o t a l  o f  57 

n e w  t e a c h e r s ,  30 a t  th e  b e g in n i n g  of t h e  s c h o o l  y e a r  1 9 6 8 -6 9  a n d  27 to  

f i l l  th e  30 t e a c h i n g  v a c a n c i e s  i t  h a d  th e  e n d  of th e  s c h o o l  y e a r  1 9 6 8 -6 9  

( T r .  52).  O n ly  tw o  of t h e s e  n e w ly  e m p l o y e d  t e a c h e r s  h a v e  b e e n  B la c k  

( T r .  52).  O ne  of t h e m ,  a  M i s s  J e n k i n s  of S a v a n n a h ,  G e o r g ia ,  w a s

-4-



675A

h i r e d  b e c a u s e  th e  S u p e r i n t e n d e n t  w a s  p e r s o n a l l y  a c q u a i n t e d  w i th  p e r s o n s  

w h o  k n e w  of  h e r  f a m i l y  b a c k g r o u n d  ( T r ,  4 1 4 ,  4 1 5 ) .  C i ty  D i s t r i c t  r e ­

c r u i t s  m a i n l y  f r o m  p r e d o m i n a t e l y  w h i te  o r  a l l - w h i t e  c o l l e g e s  a n d  u n i v e r ­

s i t i e s  in  G e o r g i a  a n d  A l a b a m a  ( T r .  6 5 - 7 0 ) .  I t  m o r e  o r  l e s s  r e l i e s  u p o n  

n
w o r d  o f  m o u t h  r e c r u i t m e n t  to  a t t r a c t  B l a c k  s t u d e n t s  f r o m  th e  e ig h t

p r e d o m i n a t e l y  B l a c k  c o l l e g e s  a n d  u n i v e r s i t i e s  l o c a t e d  in  G e o r g i a ,  t h r e e

of  w h ic h  a r e  b r a n c h e s  of t h e  U n i v e r s i t y  o f  G e o r g i a  S y s t e m  ( T r .  68, 4 17) .

T h e  e x p e c t e d  r e d u c t i o n  in  e n r o l l m e n t  in  th e  C i ty  D i s t r i c t  S y s t e m

w i l l  r e s u l t  in  t h e  l o s t  o f  s i x  t e a c h i n g  p o s i t i o n s  a t  F a i r  S t r e e t  a n d  f o u r

a t  B u t l e r  H ig h  S c h o o l .  H o w e v e r ,  t h e r e  a r e  v a c a n c i e s  a t  F a i r  S t r e e t  n ow .

O n e  of th e  p r e s e n t  v a c a n c i e s  i s  in  th e  f o u r t h  g r a d e  ( T r .  177). A n o t h e r

f o u r t h  g r a d e  a t  F a i r  S t r e e t  i s  to  be  t a u g h t  b y  a  B l a c k  t e a c h e r  w ho  i s  n o t

c e r t i f i e d  a n d  w h o s e  c o n t r a c t  w a s  o n ly  c o n d i t i o n a l l y  r e n e w e d .  O ne  c l a s s

in  c o m m e r c i a l  e d u c a t io n  w i l l  b e  d i s c o n t i n u e d  a t  B u t l e r  H ig h  S c h o o l  d u e

s
to  t h e  r e d u c t i o n  in  e n r o l l m e n t ,  r e s u l t i n g  f r o m  th e  lo s t - 'o f  a b o u t  97 B l a c k  

s t u d e n t s  to  th e  c o u n ty .  H o w e v e r ,  th e  C i ty  D i s t r i c t  w i l l  c o n t i n u e  to  

o f f e r  c o m m e r c i a l  e d u c a t io n .  O ne  c l a s s  w h ic h  w i l l  b e  t a u g h t  b y  a B la c k  

t e a c h e r  w i l l  b e  o f f e r e d  a t  B u t l e r ,  a n d  tw o  c l a s s e s  in  c o m m e r c i a l  e d u c a ­

t i o n ,  b o th  of w h ic h  w i l l  be  t a u g h t  b y  w h i t e s ,  w i l l  be  o f f e r e d  a t  G a i n e s ­

v i l l e  Higbi S c h o o l .  ( <

tf K 6 5* H ̂
M i s s  H e a d  i s  a  c o l l e g e  g r a d u a t e ,  w i th  a  m a j o r  in  b u s i n e s s  e d u c a t io n .  

S h e  h o l d s  a  T - 4  c e r t i f i c a t e  f r o m  th e  S t a t e  B o a r d  of E d u c a t i o n  ( T r .  335) .  

A l l  of  h e r  t e a c h i n g  e x p e r i e n c e  h a s  b e e n  i n  t h e  C i ty  D i s t r i c t .  S he  h a s  

t a u g h t  a  c o u r s e  in  c o m m e r c i a l  e d u c a t i o n  a t  E .  E .  B u t l e r  H ig h  S c h o o l  

f o r  th e  p a s t  t h r e e  y e a r s .  F l a i n t i f f  H e a d  h a s  e a r n e d  t h r e e  h o u r s  c r e d i t  

t o w a r d s  h e r  M a s t e r ' s  D e g r e e  by  a t t e n d in g  a  s u m m e r  s e m i n a r  on  b u s i n e s s  

e d u c a t i o n  a t  G e o r g i a  S t a t e  C o l l e g e ,  th e  A t l a n t a  b r a n c h  of th e  U n i v e r s i t y

- 5 -



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o f  G e o r g i a  S y s t e m  ( T r .  330) .  M i s s  H e a d ' s  p r i n c i p a l ,  M r .  L .  C. B a y l o r ,  

r e c o m m e n d e d  h e r  f o r  r e - e m p l o y m e n t  (E x h .  7).

D e f e n d a n t s  c o n c e d e  t h a t  M i s s  H e a d  i s  a n  e f f e c t i v e  t e a c h e r .  S he  w a s  

h i g h l y  r a t e d  b y  h e r  p r i n c i p a l .  M r .  B a y l o r  t e s t i f i e d  t h a t  h e  r a t e d  M i s s  

H e a d  " a v e r a g e  o r  a b o v e "  ( D e p o s i t i o n  of L .  C. B a y l o r ,  a t  10). H is  

a s s e s s m e n t  o f  M i s s  H e a d ' s  e f f e c t i v e n e s s  a s  a  t e a c h e r  of c o m m e r c i a l  

e d u c a t i o n  w a s  u n c o n t r a d i c t e d .  M i s s  G r e e n ,  L a n g u a g e  A r t s  C o o r d i n a t o r ,  

t e s t i f i e d  t h a t  s h e  p r e s u m e d  t h a t  M i s s  H e a d  " i s  an  e f f e c t i v e  t e a c h e r  in  h e r  

c o m m e r c i a l  w o r k "  ( T r .  522) .  S he  m a d e  no j u d g m e n t  a t  a l l  on  M i s s  

H e a d ' s  f i t n e s s  to  t e a c h  b u s i n e s s  e d u c a t i o n .  S he  w a s  u n a b l e  to  a n d  d id  n o t  

m a k e  a  j u d g m e n t  on M i s s  H e a d ' s  e f f e c t i v e n e s s  a s  a n  i n s t r u c t o r  in  c o m ­

m e r c i a l  e d u c a t i o n .  M i s s  G r e e n  o n ly  r e p o r t e d  to  th e  S u p e r i n t e n d e n t  t h a t  

M i s s  H e a d  w a s  n o t  a n  e f f e c t i v e  t e a c h e r  of E n g l i s h ,  b e c a u s e  s h e  w a s  n o t  

t r a i n e d  to  t e a c h  in  t h a t  a r e a  ( T r .  5 22) .  E n g l i s h  w a s  o u t s i d e  o f  M i s s  

H e a d ' s  c e r t i f i c a t i o n ,  a n d  s h e  t a u g h t  t h a t  c o u r s e  o n ly  b e c a u s e  no o n e  e l s e  

w a s  a v a i l a b l e  ( T r .  5 22) .  S he  w a s  n o t  r e - e m p l o y e d  s o l e l y  b e c a u s e  o ne  of 

tw o  c l a s s e s  in  c o m m e r c i a l  e d u c a t io n  w a s  d i s c o n t i n u e d  a t  th e  a l l - B l a c k  

H ig h  S c h o o l ,  n o t  f o r  a n y  w e a k n e s s  a s  a n  o c c a s s i o n a l  E n g l i s h  t e a c h e r .

M i s s  H e a d  w a s  m o r e  h ig h l y  r a t e d  t h a n  b o th  of th e  w h i te  t e a c h e r s  w ho 

w e r e  r e - e m p l o y e d  to  t e a c h  c o m m e r c i a l  e d u c a t i o n  in  th e  w h i te  h ig h  s c h o o l .  

M i s s  H e a d  w a s  r a t e d  " s u p e r i o r "  in  tw o  c a t e g o r i e s  b y  h e r  p r i n c i p a l  (E x h .  

7). N e i t h e r  o f  th e  w h i te  t e a c h e r s ,  M i s s  G l a s s  a n d  M r s .  P r e s n e l l ,  r e ­

c e i v e d  a  " s u p e r i o r "  r a t i n g  in  a n y  c a t e g o r y  (E x h .  7). M i s s  H e a d  r e c e i v e d  

a  r a t i n g  o f  " a b o v e  a v e r a g e "  in  e l e v e n  c a t e g o r i e s  a n d  " a v e r a g e "  in  t e n  

(E x h .  7). M i s s  G l a s s  r a t e d  t e n  " a b o v e  a v e r a g e " ,  t e n  " a v e r a g e " ,  a n d  

t h r e e  " u n k n o w n "  on h e r  e v a l u a t i o n  s h e e t  f o r  th e  y e a r  1 9 6 8 -6 9  (E x h .  7). 

M r s .  P r e s n e l l  r e c e i v e d  s e v e n t e e n  " a b o v e  a v e r a g e "  r a t i n g s ,  f i v e  " a v e r a g e "  

a n d  o n e  " u n k n o w n "  (E x h .  7).

-  6 -



£77 A

M i s s  H e a d  h a d  m o r e  e x p e r i e n c e  in  t h e  C i ty  D i s t r i c t  S y s t e m  th a n  

M r s .  P r e s n e l l .  M i s s  H e a d  h a d  t a u g h t  f o r  t h r e e  y e a r s  a n d  M r s .  P r e s n e l l  

o n ly  tw o  y e a r s .

D e f e n d a n t  B l a k e n e y  f a v o r e d  th e  w h i te  t e a c h e r s  a n d  t h e i r  w h i t e  p r i n ­

c i p a l  in  d e c i d i n g  w h ic h  of th e  f o u r  c o m m e r c i a l  e d u c a t i o n  t e a c h e r s  w o u ld  

n o t  b e  o f f e r e d  a  c o n t r a c t  f o r  th e  y e a r  1 9 6 9 -7 0 .  H e  i n d e p e n d e n t l y  e v a l ­

u a t e d  th e  B la c k  t e a c h e r s  b u t  d id  n o t  do  t h e  s a m e  f o r  t h e  w h i te  t e a c h e r s .  

O n M i s s  H e a d ' s  e v a l u a t i o n  s h e e t  h e  w r o t e  " a v e r a g e "  (E x h .  7). O n th e  

e v a l u a t i o n  f o r m  s u b m i t t e d  f o r  M r s .  C a r t e r  h e  w r o t e ,  " g o o d  c o m p a r e  

f a v o r a b l y  w i th  a n y  c o m m e r c i a l  t e a c h e r  in  t h e  s y s t e m "  (E x h .  7).  O n ly  

s o m e o n e  w i th  a  m i n d  to  d i s c r i m i n a t e  r a c i a l l y  c o u ld  h a v e  m a d e  t h a t  

s t a t e m e n t .  M r s .  C a r t e r  d id  n o t  c o m p a r e  f a v o r a b l y  w i th  a n y  t e a c h e r  in  

t h e  s y s t e m .  S he  w a s  th e  b e s t  c o m m e r c i a l  t e a c h e r  in  th e  s y s t e m .  In

th e  y e a r  1 9 6 8 -6 9 ,  s h e  e a r n e d  tw o  " s u p e r i o r " ,  s e v e n t e e n  " a b o v e  a v e r a g e " ,
t e a c h e r

a n d  f o u r  " a v e r a g e "  r a t i n g s .  N o o t h e r  c o m m e r c i a l  e d u c a t i o n / i n  t h e  s y s t e m  

m a t c h e d  h e r  p e r f o r m a n c e .

P l a i n t i f f  C l a r a  B e l l e  M c C r a r y

M i s s  C l a r a  B e l l e  M c C r a r y  i s  b o th  a n  o u t s t a n d i n g  t e a c h e r  a n d  c i t i z e n .  

S he  h a s  t a u g h t  in  th e  C i ty  D i s t r i c t  f o r  t w e n t y - o n e  y e a r s .  S he  h o ld s  a 

c o l l e g e  d e g r e e  f r o m  C l a r k  C o l l e g e  a n d  a  m a s t e r s  d e g r e e  f r o m  A t l a n t a  

U n i v e r s i t y  ( T r .  230) .  M i s s  M c C r a r y  h a s  d o n e  f u r t h e r  s tu d y  in  r e a d i n g  

a t  H o w a r d  U n i v e r i s t y  in  W a s h i n g to n ,  D . C. , a n d  B a ld  S t a t e  C o l l e g e  in  

M u n c i e  , I n d i a n a .  S he  h o l d s  a  T -5 p r o f e s s i o n a l  t e a c h i n g  c e r t i f i c a t e  f r o m  

th e  S t a t e  B o a r d  o f  E d u c a t i o n .  A l l  o f  h e r  e x p e r i e n c e  h a s  b e e n  w i th  t h i r d  

a n d  f o u r t h  g r a d e  s t u d e n t s  in  th e  a l l - B l a c k  F a i r  S t r e e t  E l e m e n t a r y  S c h o o l .  

In  1962, s h e  w a s  v o t e d  " T e a c h e r  o f  t h e  Y e a r "  b y  h e r  c o l l e a g e s  in  th e  

t e a c h i n g  p r o f e s s i o n  ( B a y l o r  d e p o s i t i o n ,  a t  15). M r .  B a y l o r ,  f o r m e r  

p r i n c i p a l  o f  F a i r  S t r e e t ,  t e s t i f i e d  t h a t  M i s s  M c C r a r y  w a s  c o o p e r a t i v e ,

- 7 -



678A.
w i l l i n g  to  fo l lo w  s u g g e s t i o n s ,  a n d  a n  e f f e c t i v e  t e a c h e r  (I b i d , a t  17, 18).

H e  h a d  r e c o m m e n d e d  M i s s  M c C r a r y  e v e r y  y e a r  s i n c e  1959 f o r  r e - e m ­

p l o y m e n t .  M i s s  M c C r a r y ' s  p r e s e n t  p r i n c i p a l ,  M r s .  T r a w i c k  w h o  u n t i l  

t h e  b e g in n i n g  t h e  s c h o o l  y e a r  1 9 6 8 -6 9  w a s  c u r r i c u l u m  c o o r d i n a t o r ,  

t e s t i f i e d  t h a t  M i s s  M c C r a r y  " h a d  b e e n  a n  e f f e c t i v e  t e a c h e r  f o r  th e  l a s t " ,  

. . . .  19 y e a r s  s h e  h a s  b e e n  t h e r e "  ( T r .  169).  M r s .  T r a w i c k  t e s t i f i e d

t h a t  M i s s  M c C r a r y  m i x e s  w e l l  w i th  th e  o t h e r  f a c u l t y  a n d  t h a t ,  !'She i s  

l i k e d  b y  th e  c h i l d r e n  a n d  h e r  c o - w o r k e r s ,  t o o "  ( T r .  169). M r s .  T r a w i c k  

r e c o m m e n d e d  t h a t  M i s s  M c C r a r y  b e  r e - e m p l o y e d  a n d  i s  w i l l in g  to  a c c e p t  

h e r ,  i f  th e  d e f e n d a n t s  w i l l  g iv e  h e r  a c o n t r a c t  ( T r .  176, 177, 179).

M i s s  M c C r a r y  i s  a  c o m p e t e n t  a n d  d e v o te d  t e a c h e r .  H e r  i n t e r e s t  

in  c h i l d r e n  e x t e n d s  f a r  b e y o n d  t h e  s c h o o l  d a y .  S h e  m a n a g e s  a  l i b r a r y ,  

w h ic h  w a s  n a m e d  f o r  h e r  by  th e  c h i l d r e n  w ho  u s e  i t .  T h e  l i b r a r y  i s  

l o c a t e d  d i r e c t l y  o p p o s i t e  th e  F a i r  S t r e e t  S c h o o l .  M i s s  M c C r a r y  o r g a n i ­

z e d  a  c h a p t e r  o r  t r o o p  o f  g i r l  s c o u t s  f o r  th e  B l a c k  c h i l d r e n .  S h e  i s  an  

a s s o c i a t e  in  a  p r i v a t e  v o l u n t a r y  g r o u p  t h a t  a t t e m p t s  to  s t r e t c h  th e  

c u l t u r a l  h o r i z o n s  o f  y o u n g  c h i l d r e n  b y  t a k i n g  t h e m  o n  t o u r s  in  o t h e r  

c i t i e s  a n d  s t a t e s  to  s e e  h i s t o r i c a l  a n d  c u l t u r a l  p o in t s  of i n t e r e s t .  In  

m o r e  th a n  t w e n t y - o n e  y e a r s  i n  th e  p u b l i c  s c h o o l  s y s t e m ,  s h e  h a s  o n ly  

m i s s e d  o n e  d a y  f r o m  h e r  c l a s s e s  f o r  p e r s o n a l  r e a s o n s  ( T r .  233).

T h e  d e c i s i o n  n o t  t o . r e - e m p l o y  M is  s M c C r a r y  i s  th e  p r o d u c t ,  in  

p a r t ,  o f  t h e  a p p l i c a t i o n  of i n d e f in i t e  a n d  n o n - o b j e c t i v e  s t a n d a r d s  of 

e v a l u a t i o n .  T h e  a r t  c o o r d i n a t o r  f o r  C i ty  D i s t r i c t  t e s t i f i e d  t h a t  M i s s  

M c C r a r y  w o u ld  be  th e  w e a k e s t  t e a c h e r  a r t - w i s e  in  th e  s y s t e m  ( T r . 4 5 8 ) .  

W h a t  s h e  m e a n t  b y  t h i s  i s  t h a t  M i s s  M c C r a r y  d id  n o t  t e a c h  a s  m u c h  

a r t  a s  s h e  c o n s i d e r e d  d e s i r a b l e  ( T r .  4 5 8 - 6 2 ) .  T h e  a r t  c o o r d i n a t o r  m a d e  

n o  a l l o w a n c e  w h a t s o e v e r  f o r  M i s s  M c C r a r y ' s  e f f o r t s  to  c o r r e l a t e  th e  

a r t  e x p e r i e n c e  o f  h e r  s t u d e n t s  w i th  th e  m a t e r i a l s  t h e y  w e r e  r e a d i n g



073  A.

a n d  d e m o n s t r a t e d  no  a p p r e c i a t i o n  w h a t s o e v e r  of t h e  d i f f i c u l t i e s  e n c o u n t ­

e r e d  in  t e a c h i n g  c h i l d r e n  f r o m  i m p o v e r i s h e d  h o m e  b a c k g r o u n d s  a n d  

l i m i t e d  l i f e  e x p e r i e n c e s .  I t  i s  a p p a r e n t  t h a t  t h e  a r t  c o o r d i n a t o r  i s  a 

m o s t  p e t t y  p e r s o n  w ho  w a s  p e r s o n a l l y  p iq u e d  a t  M i s s  M c C r a r y  b e ­

c a u s e  s h e  w a s  m a d e  to  w a i t  on o ne  o c c a s i o n  w h e n  s h e  v i s i t e d  M i s s  

M c C r a r y ' s  c l a s s r o o m  u n t i l  M i s s  M c C r a r y  f i n i s h e d  a  r e a d i n g  a s s i g n m e n t .  

T h e  o n ly  i n c i d e n t  o r  c o m m e n t  s h e  i s  r e p o r t e d  to  h a v e  m a d e  a b o u t  M i s s  

M c C r a r y  in v o l v e s  t h i s  i n c i d e n t  ( T r .  170).

T h e  r e a d i n g  s p e c i a l i s t ,  M r .  M a s s e y ,  t e s t i f i e d  t h a t  M i s s  M c C r a r y  

w a s  a  p o o r  t e a c h e r  o f  r e a d i n g .  W h a t  h e  m e a n t  w a s  t h a t  M i s s  M c C r a r y  

d id  n o t  o r g a n i z e  h e r  c l a s s  to  h i s  l i k in g .  ( T r .  209) H o w e v e r ,  h e  n e v e r  

b r o u g h t  t h e  m a t t e r  to  h e r  a t t e n t i o n  a n d  a p p r o v e d  a l l  of h e r  l e s s o n  p l a n s  

t h r o u g h o u t  t h e  y e a r  (E x h .  15). M a s s e y  m a d e  o t h e r  c o m m e n t s  on  h e r  

l e s s o n  p l a n s .  S u r e l y ,  i f  th e  C o u r t  i s  to  c r e d i t  h i s  t e s t i m o n y  t h a t  th e  

m a n n e r  in  w h ic h  h e r  c l a s s  w a s  o r g a n i z e d  w a s  s i g n i f i c a n t ,  h e  w a s  o b l i ­

g a t e d  to  b r i n g  i t  to  h e r  a t t e n t i o n .  M a s s e y  a l s o  a t t e m p t e d  to  f a u l t  M i s s  

M c C r a r y  f o r  u s i n g  c e r t a i n  t e a c h i n g  m a t e r i a l s ,  b u t  t h e s e  t e a c h i n g  a i d s  

w e r e  o n ly  a v a i l a b l e ,  i f  a t  a l l ,  on  a  l i m i t e d  b a s i s  ( T r .  2 1 9 - 2 7 ) .  M a s s e y  

f u r t h e r  c l a i m e d  t h a t  M i s s  M c C r a r y  d id  n o t  d i f f e r e n t i a t e  on  t h e  b a s i s  of 

a b i l i t y  l e v e l s  a m o n g  h e r  s t u d e n t s  a n d  t a u g h t  t h e m  a l l  a t  t h e  f o u r t h  g r a d e  

l e v e l  a n d  d id  n o t  p r o v i d e  t h e m  w i th  s e q u e n t i a l  m a t e r i a l s .  A p p a r e n t l y ,  

M a s s e y  d id  n o t  k n o w  w h a t  h e  w a s  t a l k i n g  a b o u t .  A t  th e  t r i a l ,  M i s s  

M c C r a r y  d e m o n s t r a t e d  t h a t  s h e  d id  d i f f e r e n t i a t e  a m o n g  a b i l i t y  l e v e l s  of 

h e r  p u p i l s  a n d  s y s t e m a t i c a l l y  w e n t  a b o u t  i d e n t i f y in g  th e  l e v e l s  so  t h a t  

t h e  s t u d e n t s  c o u ld  b e  g r o u p e d  a c c o r d i n g l y .  S he  a l s o  w e n t  b e y o n d  w h a t  

w a s  a v a i l a b l e  a n d  p r o c u r e d  a d d i t i o n a l  m a t e r i a l s  s h e  f e l t  a p p r o p r i a t e  

f o r  h e r  s t u d e n t s  ( E x h s .  2 2 - 2 8 ) .

-9-

L 7JC



M i s s  M c C r a r y  c l e a r l y  q u a l i f i e d  f o r  r e - e m p l o y m e n t  o v e r  s e v e r a l  o t h e r  

w h i te  t e a c h e r s .  M i s s  M c C r a r y ' s  c o n t r a c t  w a s  n o t  r e n e w e d ,  d e s p i t e  th e  

f a c t  t h a t  a  w h i te  t e a c h e r  w h o  w a s  d e s c r i b e d  a s  " t i m i d ,  w e a k  p h y s i c a l l y ,  

p o o r  p e r s o n a l i t y "  w a s  r e - e m p l o y e d  to  t e a c h  t-he t h i r d  g r a d e  a t  C a n d l e r  

S t r e e t  E l e m e n t a r y  S c h o o l  (S ee  E x h i b i t  14, E v a l u a t i o n  o f  M i s s  E l i z a b e t h  

G r o w e r s ) .  M i s s  M c C r a r y  h a s  a b o u t  s e v e n t e e n  y e a r s  e x p e r i e n c e  a s  a  

t h i r d  g r a d e  t e a c h e r  a n d  i s  c e r t i f i e d  to  t e a c h  t h a t  g r a d e .  A n o t h e r  w h i te  

t h i r d  g r a d e  t e a c h e r  a t  E n o t a  E l e m e n t a r y  S c h o o l  w a s  r e - e m p l o y e d  e v e n  

th o u g h  h e r  p r i n c i p a l  th o u g h t  t h a t  sh e  s h o u ld  r e t i r e  a n d  t h a t  t h e  t e a c h e r  

d id  n o t  " h a v e  th e  k n o w - h o w  to  e f f e c t i v e l y  o r g a n i z e  h e r  c l a s s  (E x h .  14, 

E v a l u a t i o n  of M i s s  M a r y  S u m m e r ) .

B l a c k  t e a c h e r s  w e r e  s i n g l e d  o u t  f o r  d i s m i s s a l .  A n  e x a m i n a t i o n  of 

t h e  e v a l u a t i o n  f o r m s ,  E x h i b i t s  13 a n d  14, s h o w s  t h a t  o n ly  t h e  f o r m s  of 

B l a c k  t e a c h e r s  a r e  m a r k e d ,  " r e d u c e  h e r e  i f  n e c e s s a r y " .

M i s s  M c C r a r y  w a s  t h e  o n ly  p r i m a r y  g r a d e  t e a c h e r  in  t h e  s y s t e m  

w i th  a  m a s t e r ' s  d e g r e e ,  a n d  s h e  w a s  o n e  o f  t h e  m o s t  e x p e r i e n c e d  ( T r .  

1 5 2 -5 3 ) .

T h e  d e c i s i o n  of th e  B o a r d  to  r a t i f y  th e  d e t e r m i n a t i o n  of th e  S u p e r ­

i n t e n d e n t  n o t  to  r e - e m p l o y  p l a i n t i f f s  i s  b a s e d  e n t i r e l y  u p o n  r a c e .  F i r s t ,  

th e  C i ty  D i s t r i c t  d id  n o t  r e - n e w  p l a i n t i f f s '  c o n t r a c t s ,  b e c a u s e  o f  th e  

r e d u c t i o n  in  t h e  n u m b e r  of B la c k  ^ s tu d e n ts  a t t e n d in g  i t s  s c h o o l s .  S e c o n d ,  

w h e n  th e  B o a r d  v o te d  on th e  c o n t r a c t s ,  t h e  n a m e s  o f  th e  t e a c h e r s  to  b e  

r e - e m p l o y e d  w e r e  l i s t e d  r a c i a l l y  b y  s c h o o l s  ( T r .  5 3 7 -4 7 ) .

No w h i te  t e a c h e r s  w e r e  d i s m i s s e d  b e c a u s e  of a n  e x p e c t e d  r e d u c t i o n  

in  t h e  n u m b e r  o f  B la c k  s t u d e n t s  e n r o l l e d  in  C i ty  D i s t r i c t .  F i v e  w h i te  

t e a c h e r s  w e r e  r e l e a s e d ,  b u t  in  e a c h  i n s t a n t  t h e r e  w a s  s o m e  r e a s o n  to  

s u p p o r t  th e  B o a r d ' s  a c t i o n  i n d e p e n d e n t  of t h e  r e d u c t i o n  in  e n r o l l m e n t .

-10-

L a £



. 6 SI A
M r s ,  C o r n e l i s o n  w a s  n o t  r e - e m p l o y e d ,  b e c a u s e  s h e  w a s  c o n s i d e r e d  

" r e a l l y  w e a k  in  s u b j e c t  m a t t e r  a n d  e f f e c t i v e n e s s "  ( D e p o s i t i o n  o f  R . D .  

B la k e n e y ,  a t  105).  M r s .  P i e r c e  w a s  r e l e a s e d  f o r  h e a l t h  r e a s o n s .  (Ib id) 

M i s s  S t e p h e n s  w a s  " w e a k "  a n d  " h a d  d i f f i c u l t y . . . . ,  in  e f f e c t i v e l y  e x p l a i n ­

in g  th e  m a t h e m a t i c s  w h ic h  s h e  w a s  s u p p o s e  to  t e a c h "  (Ib id  a t  106) .  M r s .  

W h i t e n  w a s  n o t  o f f e r e d  a  n e w  c o n t r a c t  b e c a u s e  s h e  " w a s  c o n s i d e r e d  i m ­

m a t u r e "  ( Ib id ) .  M r s .  D a k o ta h  L e e  w a s  d i s m i s s e d  d u e  to  " s o m e  c o m ­

p l a i n t s  f r o m  th e  c o m m u n i t y "  ( Ib id ,  a t  107).

T h e  d e f e n d a n t s  t r e a t e d  M i s s  M c C r a r y  a r b i t r a r i l y  a n d  v i o l a t e d  t h e i r  

ow n  v a g u e  s t a n d a r d s  of e f f e c t i v e n e s s .  I n i t i a l l y  M r .  B l a k e n e y  to l d  M i s s  

M c C r a r y  t h a t  s h e  w a s  b e in g  d i s m i s s e d  b e c a u s e  o f  t h e  e x p e c t e d  r e d u c t i o n  

in  e n r o l l m e n t .  W h en  s h e  p r e s s e d  h i m ,  h e  a d d e d  th e  g r o u n d  t h a t  sh e  

w a s  n o t  a n  " e f f e c t i v e "  t e a c h e r .  H e  e x p l a i n e d  th e  b e l a t e d  r e v e l a t i o n  of 

t h i s  g r o u n d  b y  s a y i n g  t h a t  h e  w a n te d  to  s p a r e  M i s s  M c C r a r y  a n y  p r o ­

f e s s i o n a l  e m b a r r a s s m e n t  b y  r e f l e c t i n g  on  h e r  c o m p e t e n c e  in  h i s  l e t t e r .  

T h e  d e f i n i t i o n  of a n  e f f e c t i v e  t e a c h e r  a c c o r d i n g  to  M r .  B l a k e n e y  i s  o n e  

w h o  i s  c e r t i f i e d ,  p o s s e s s e s  " g o o d  m o r a l  c h a r a c t e r " ,  e d u c a t e d ,  a b l e  to  

a r t i c u l a t e ,  a b i l i t y  to  k n o w  t e a c h i n g  t e c h n i q u e s  a n d  to  u s e  t h e m  p r o p e r l y .  

( T r .  132).  M i s s  M c C r a r y  i s  c e r t i f i e d .  She  i s  v e r y  w e l l - e d u c a t e d ,  

w id e ly  r e a d ,  a n d  h a s  t r a v e l l e d  e x t e n s i v e l y .  ' T h e r e  h a s  n e v e r  b e e n  a n y  

q u e s t i o n  o f  M i s s  M c C r a r y ' s  m o r a l  c h a r a c t e r  b y  a n y o n e . . . "  ( T r .  135). 

M r .  B la k e n e y  w a s  u n a b le  to  c i t e  a n y  s p e c i f i c  e x a m p l e s  w h e r e  M i s s  

M c C r a r y  l a c k e d  k n o w le d g e  o f  t e a c h i n g  t e c h n i q u e s  o r  th e  a b i l i t y  to  u s e  

t h e m  p r o p e r l y  ( T r .  136) .  M r s .  T r a w i c k  r a t e d  M i s s  M c C r a r y  a b o v e  

a v e r a g e  in  " s k i l l  in  t e a c h i n g "  (E x h .  13; T r .  145).

P l a i n t i f f s  h a v e  n o t  y e t  s u f f e r e d  a n y  d a m a g e s  f o r  w h ic h  m o n e t a r y  

c o m p e n s a t i o n  i s  a p p r o p r i a t e .  T h e y  h a d  tw e l v e  m o n t h s  c o n t r a c t s  a n d  w i l l

- 1 1 -

L % o



f’8/« A.
b e  p a id  t h e i r  s a l a r i e s  t h r o u g h  A u g u s t  30, 1969 .  I f  t h e y  a r e  n o t  o r d e r e d  r e ­

i n s t a t e d  b e f o r e  S e p t e m b e r  1 s t ,  t h e i r  d a m a g e s  m a y  b e  a s c e r t a i n e d  in  a  

s u b s e q u e n t  h e a r i n g  c o m p u t e d  o n  th e  b a s i s  o f  d i f f e r e n c e  b e t w e e n  w h a t  th e  

p l a i n t i f f s  a c t u a l l y  e a r n e d  a g a i n s t  w h a t  t h e y  w o u ld  h a v e  e a r n e d  h a d  th e y  

n o t  b e e n  d i s m i s s e d .  M i s s  M c C r a r y  w a s  p a id  a n  a n n u a l  s a l a r y  of $8 , 624^ 

a n d  M i s s  H e a d  w a s  p a id  $ 5 , 9 6 4  ( E x h s .  17, 13). P l a i n t i f f s  a l s o  s e e k  a n

a w a r d  o f  a  r e a s o n a b l e  a t t o r n e y s  f e e .

A R G U M E N T

P L A I N T I F F S  A R E  E N T I T L E D  T O  P R E V A I L  
B E C A U S E  T H E Y  A R E  T H E  V IC T IM S  O F  
F O R B ID D E N  R A C IA L  D IS C R IM IN A T IO N  IN 

E M P L O Y M E N T

A. T H E  P R I N C I P L E S  O F  L A W  A P P L I C A B L E  T O  T H E  C A S E

T h e r e  i s  m u c h  a u t h o r i t y  to  s u p p o r t  th e  p l a i n t i f f s  a n d  t h e  c l a s s  w h ich  

t h e y  r e p r e s e n t  in  t h e i r  a s s e r t i o n  t h a t  t h e y  a r e  th e  v i c t i m s  o f  r a c i a l  d i s ­

c r i m i n a t i o n  in  p u b l i c  e m p l o y m e n t  a t  th e  h a n d s  of th e  d e f e n d a n t s .  T h e  

p r i n c i p l e s  o f  la w  a n d  e q u i ty  w h ic h  c o n t r o l  t h i s  c a s e  h a v e  b e e n  s u m m a r i e d  

b y  th e  F o u r t h  C i r c u i t ,  s i t t i n g  en  b a n c , in  W a l l  v ,  S t a n l y  C o u n ty  B o a r d  

o f  E d u c a t i o n , 378 F .  2d 275, a t  277 (1967) ,  a s  fo l lo w s :

" i t  i s  n o w  f i r m l y  e s t a b l i s h e d  in  t h i s  c i r c u i t  (1) t h a t  th e  
F o u r t e e n t h  A m e n d m e n t  f o r b i d s  t h e  s e l e c t i o n ,  r e t e n t i o n ,  an d  
a s s i g n m e n t  of p u b l i c  s c h o o l  t e a c h e r s  on  th e  b a s i s  of r a c e ;
(2) t h a t  r e d u c t i o n  in  th e  n u m b e r  of s t u d e n t s  a n d  f a c u l t y  in  a 
p r e v i o u s l y  a l l - N e g r o  s c h o o l  w i l l  n o t  a l o n e j u s t i f y  th e  d i s c h a r g e  
o r  f a i l u r e  to  r e e m p l o y  N e g r o  t e a c h e r s  in  a  s c h o o l  s y s t e m ;  (3) 
t h a t  t e a c h e r s d i s p l a c e d  f r o m  f o r m e r l y  r a c i a l l y  h o m o g e n o u s  
s c h o o l s  *™ p jt_ b e_ jh d g ed  b y  d e f i n i t e  o b j e c t i v e  s t a n d a r d s  f o r  
c o n t i n u e d  e m p lo y m e n t ;  a n d  (4) t h a t  a  t e a c h e r  w r o n g f u l l y  d i s ­
c h a r g e d  o r  d e n i e d  r e e m p l o y m e n t  in  c o n t r a v e n t i o n  of t h e s e  
p r i n c i p l e s  i s ,  in  a d d i t i o n  to  e q u i t a b l e  r e m e d i e s ,  e n t i t l e d  to  
a n  a w a r d  o f  a c t u a l  d a m a g e s " .

T h e  p r i n c i p l e s  s e t  f o r t h  a b o v e  h a v e  b e e n  a p p l i e d  in  e a c h  o f  th e  

fo l lo w in g  c a s e s  w h ic h  h a v e  r e s u l t e d  in  r e v e r s a l  o f  d e c i s i o n s  n o t  to

-12-



C83A.
r e - e m p l o y  c e r t a i n  B l a c k  t e a c h e r s  in  a  s c h o o l  d i s t r i c t  w h ic h  w a s  m o v i n g  

to  d e s e g r e g a t e .  N o r t h  C a r o l i n a  T e a c h e r s  A s s o c i a t i o n / v .  A s h e b o r o  C i ty  

B o a r d  o f  E d u c a t i o n ,  393 F .  2d  736 (4 th  C i r .  1968); R o l f e  v .  C o u n ty  B o a r d  

o f  E d u c a t i o n  of L i n c o l n  C o u n ty ,  T e n n e s s e e , 391 F .  2d 77 (6 th  C i r .  1968); 

390  H i l l  v .  C o u n ty  B o a r d  o f  E d u c a t i o n  of F r a n k l i n  C o u n ty ,  T e n n e s s e e ,

390 F .  2d  583 (6 th  C i r .  1968); S m i th  v .  B o a r d  of E d u c a t i o n  of M o r r i l t o n  

S c h o o l  D i s t r i c t  ,N o . 32, 365 F .  2d 770 (8 th  C i r .  1966); C h a m b e r s  v.

H e n d e r s o n v i l l e  C i ty  B o a r d  o f  E d u c a t i o n ,  364  F .  2d 189 (4 th  C i r .  1966); 

a n d  F r a n k l i n  v .  C o u n ty  S c h o o l  B o a r d  of G i l e s  C o u n ty, 360 F .  2d 189 (4 th  

C i r .  1966).

P l a i n t i f f s  w i l l  n o w  p r o c e e d  to  a p p ly  t h e s e  p r i n c i p l e s  to  t h e  f a c t s  of 

t h i s  c a s e  to  d e m o n s t r a t e  t h e  m a n n e r  in  w h ic h  t h e y  h a v e  b e e n  s u b j e c t e d  

to  u n la w f u l  r a c i a l  d i s c r i m i n a t i o n .  In  t h i s  r e g a r d ,  i t  i s  w i s e  to  r e m e m b e r  

t h a t  t h e  F o u r t e e n t h  A m e n d m e n t ,  l i k e  t h e  F i f t e e n t h  " n u l l i f i e s  s o p h i s t i c a t e d  

a s  w e l l  a s  s i m p l e - m i n d e d  m o d e s  o f  d i s c r i m i n a t i o n " ,  b e c a u s e  to d a y  t h e r e  

a r e  f e w  p u b l i c  o f f i c i a l s  s o  u n - t u t o r e d  in  th e  la w  t h a t  t h e y  w i l l  a d m i t  

d i s c r i m i n a t i n g  r a c i a l l y .  L a n e  v .  W i l s o n , 307 U . S .  268  (1 9 3 9 ) .  T h e  

v o g u e  i s  to  a s s e r t  s o m e  n e u t r a l  n o n - r a c i a l  r e a s o n  to  m a s k  th e  d e p r i v a ­

t i o n  of e q u a l  r i g h t s .  T h e  d e f e n d a n t s ,  h o w e v e r ,  m u s t  do  m o r e  t h a n  

a l l e g e  th e  ex i s t e n c e  o f  s u c h  a  r e a s o n ^  theyy  m u s t  s h o w  t h a t  i t  i s  a  b o n a  

f id e  o n e  b a s e d  u p o n  d e f i n i t e  o b j e c t i v e  s t a n d a r d s .  In  t h i s  r e s p e c t ,  d e f e n ­

d a n t s  h a v e  f a i l e d  to  s u s t a i n  th e  b u r d e n  o f  p r o v i n g  t h e i r  c l a i m  o f  d e f e n s e .

B . T H E R E  IS NO O B J E C T I V E  BASIS F O R  D E F E N D A N T S '  R E F U S A L  T O  
R E - E M P L O Y  P L A I N T I F F S . _________ _________________________ __________ _

P l a i n t i f f s  w e r e  n o t  r e - h i r e d  a s  t e a c h e r s  b y  C i ty  D i s t r i c t  s o l e l y  

b e c a u s e  of t h e i r  r a c e  o r  c o l o r .  M i s s  H e a d  a n d  M i s s  M c C r a r y  b y  e v e r y  

o b j e c t i v e  s t a n d a r d  w e r e  c o m p e t e n t  a n d  s t i l l  a r e  c o m p e t e n t  t e a c h e r s .  M i s s  

H e a d  h o l d s  a  T - 4  c e r t i f i c a t i o n  f r o m  th e  S ta t e  B o a r d  of E d u c a t i o n .  S he

-13-



h a s  h a d  m o r e  t e a c h i n g  e x p e r i e n c e  th a n  M r s .  P r e s n e l l .  M i s s  H e a d  h a s  

t a u g h t  f o r  t h r e e  y e a r s ,  a n d  M r s .  P r e s n e l l  f o r  o n ly  tw o  y e a r s .  M i s s  

H e a d  h a s  t h r e e  h o u r s  c r e d i t  t o w a r d s  a  g r a d u a t e  d e g r e e ,  a n d  M r s .  

P r e s n e l l  n o  p o s t - g r a d u a t e  e d u c a t i o n  . M i s s  H e a d  w a s  r e c o m m e n d e d  by  

h e r  p r i n c i p a l .  M i s s  M c C r a r y  i s  o n e  o f  t h e  b e s t  e d u c a t e d  a n d  o n e  o f  

t h e  m o s t  e x p e r i e n c e d  t e a c h e r s  in  th e  e n t i r e  s c h o o l  s y s t e m .  S he  h a s  

t a u g h t  th e  t h i r d  o r  f o u r t h  g r a d e  f o r  th e  p a s t  t w e n t y - o n e  y e a r s .  S he  h a s  

a  m a s t e r ' s  d e g r e e  a n d  h a s  s t u d i e d  f o r  s e v e r a l  s u m m e r s  s i n c e  r e c e i v i n g  

h e r  m a s t e r ' s .  She  h o l d s  a  T - 5 ,  l i f e - t i m e ,  c e r t i f i c a t e .  H e r  p r i n c i p a l  

M r s .  T r a w i c k  r e c o m m e n d e d  h e r  f o r  r e - e m p l o y m e n t  a n d  r a t e d  h e r  " a b o v e  

a v e r a g e "  in  t e a c h i n g  s k i l l s .  T h e r e  i s  a  v a c a n c y  in  b o th  t h e  t h i r d  a n d  

f o u r t h  g r a d e s  in  t h e  F a i r  S t r e e t  S c h o o l ,  a n d  M r s .  T r a w i c k  h a s  r e q u e s t ­

ed  th e  S u p e r i n t e n d e n t  to  r e - e m p l o y  M i s s  M c C r a r y  to  f i l l  th e  f o u r t h  g r a d e  

v a c a n c y .

c. P L A I N T I F F S '  D IS M IS S A L  WAS N O T  F O R  A L A W F U L  P U R P O S E .

T h e  d i s c r i m i n a t i o n  to  w h ic h  p l a i n t i f f s  w e r e  s u b j e c t e d  i s  m o s t  

i n v i d i o u s .  T h e i r  d i s m i s s a l  w a s  n e i t h e r  th e  r e s u l t s  o f  n o r  f o r  th e  p u r p o s e  

o f  d e s e g r e g a t i n g  th e  C i ty  D i s t r i c t  S y s t e m ,  b u t  s o l e l y  in  f u r t h e r a n c e  of 

d e f e n d a n t s  p o l i c y  a n d  p r a c t i c e  o f  e l i m i n a t i n g  B l a c k  t e a c h e r s .  T h e  i n i t i a l  

m a s k  o r  e x c u s e  f o r  d i s m i s s i n g  p l a i n t i f f s  i s  t h a t  t h e r e  w i l l  b e  a f u r t h e r  

r e d u c t i o n  in  th e  n u m b e r  of B la c k  s t u d e n t s  in  t h e  C i ty  S y s t e m .  S u p e r ­

in t e n d e n t  B la k e n e y  h a s  a t t r i b u t e d  th e  r e d u c t i o n  of f r o m  37 p e r c e n t  of th e  

B la c k  f a c u l t y  p o s i t i o n s  in  1 9 6 6 -6 7  to  25 p e r c e n t  f o r  1 9 6 9 -7 0  to  th e  l o s t  

o f  B l a c k  s t u d e n t s  ( T r .  373; E x h .  33 , M i n u t e s  of S ta f f  M e e t i n g s ,  M a y  1, 

1969).

B l a c k  t e a c h e r s  a r e  b e in g  d e n i e d  e m p l o y m e n t  o p p o r t u n i t i e s  in  C i ty  

S y s t e m  w h ic h  i s  l o s i n g  B l a c k  s t u d e n t s  a s  w e l l  a s  in  th e  c o u n ty  s y s t e m

C84A

-14-



i n  w h ic h  B l a c k  s t u d e n t s  a r e  to  b e  e n r o l l e d  in  f u r t h e r a n c e  of s t u d e n t  b o d y  

d e s e g r e g a t i o n .  H o w e v e r ,  t h e r e  a r e  n o  B l a c k  t e a c h e r s  p r e s e n t l y  e m p l o y e d  

in  t h a t  s y s t e m  a n d  no  p l a n s  to  e m p l o y  t h e m  in  th e  i m m e d i a t e  f u t u r e .

H a l l  C o u n ty  m u s t  b e  th e  o n ly  c o u n ty  in  t h e  S t a t e  w i th  s i x  h u n d r e d  B l a c k  

s t u d e n t s  a n d  no B la c k  f a c u l t y  a t  a l l .

(Vi
N o t  o n ly  do  t a €  f a c t s  s h i f t  t h e  b u r d e n  to  th e  d e f e n d a n t s  to  sh o w

t h a t  p l a i n t i f f s  a r e  n o t  b e in g  r e h i r e d  on  th e  b a s i s  o f  t h e  a p p l i c a t i o n  of 

d e f i n i t e  o b j e c t iv e  s t a n d a r d s  , b u t  femsy go m u c h  f u r t h e r  to  e s t a b l i s h  c o n -  

c i i s i v e ly  t h a t  p l a i n t i f f s  h a v e  b e e n  a n d  a r e  th e  v i c t i m s  o f  r a c i a l  d i s c r i m ­

in a t i o n .  T h e  d e c i s i o n  of t h e  S u p r e m e  C o u r t  in  B r o w n  v. B o a r d  of 

E d u c a t i o n ,  347 U. S. 493  (1945) ,  f o r b i d s  th e  c o n s i d e r a t i o n  o f  th e  r a c e  

in  f a c u l t y  s e l e c t i o n .  R e d u c t i o n  in  th e  n u m b e r  of B la c k  s t u d e n t s  i s  no  

j u s t i f i c a t i o n  w h a t e v e r  f o r  t h e  r e d u c t i o n  i n  th e  n u m b e r  o f  B l a c k  t e a c h e r s .

T h e  e v id e n c e  i s  c o n c lu s iv e  t h a t  th e  r e d u c t i o n  in  t h e  n u m b e r  o f  B la c k  

t e a c h e r s  i s  a t t r i b u t a b l e  to  th e  r e d u c t i o n  in  th e  n u m b e r  of B l a c k  s t u d e n t s .  

T h e r e f o r e ,  p l a i n t i f f s  m u s t  p r e v a i l .  A s  w a s  s a i d  in  C h a n b e r s  v . 

H e n d e r s o n v i l l e  C i ty '  B o a r d  of E d u c a t i o n , 364 F .  2d 189, at. 192 (4 th  C i r .  

1966),  . . .  " t h e  r e d u c t i o n  in  th e  n u m b e r  of N e g r o  p u p i l s  d id  n o t  j u s t i f y  a 

c o r r e s p o n d i n g  n u m b e r  o f  N e g r o  t e a c h e r s " .  S e e  a l s o ,  F r a n k l i n  v .

C o u n ty  S c h o o l  B o a r d  of G i l e s  C o u n ty , 360 F .  2d 325 (4 th  C i r .  1966).

D. P L A I N T I F F S  W E R E  S U B J E C T E D  T O  R A C IA L  D IS C R IM IN A T IO N  
IN P U B L I C  E M P L O Y M E N T .______________________ ____________________

A s  p u b l i c  e m p l o y e e s ,  p l a i n t i f f s  c a n n o t  b e  d i s c r i m i n a t e d  a g a i n s t  

b e c a u s e  of t h e i r  r a c e  w i th  r e s p e c t  to  t h e i r  r e t e n t i o n  a s  t e a c h e r s .

J o h n s o n  v .  B r a n c h , 364 F .  2d 177 (4 th  C i r .  1966).  R a c e  w a s  a  f a c t o r  

in  t h e  s e l e c t i o n  o f  th e  t e a c h e r s  w h o  w o u ld  n o t  b e  r e h i r e d .  T h e  S u p e r ­

i n t e n d e n t ' s  d e c i s i o n  n o t  to  r e - h i r e  M i s s  H e a d  i s  a n  o b v io u s  c h o ic e  b a s e d

- 1 5 -



u p o n  r a c e .  M i s s  H e a d  w a s  b e t t e r  e d u c a t e d  a n d  m o r e  e x p e r i e n c e d  th a n  

M r s .  P r e s n e l l .  T h e  S u p e r i n t e n d e n t  i n d e p e n d e n t l y  e v a l u a t e d  t h e  s u i t a ­

b i l i t y  o f  M i s s  H e a d  a n d  M r s ,  C a r t e r  f o r  c o n t i n u e d  e m p l o y m e n t .  I f  th e  

S u p e r i n t e n d e n t  d id  in  f a c t  i n d e p e n d e n t l y  r e e v a l u a t e  t h e  tw o  w h i te  c o m ­

m e r c i a l  e d u c a t i o n  t e a c h e r s ,  h e  d id  n o t  do  so  in  w r i t i n g .  T h e  S u p e r i n ­

t e n d e n t  t r e a t e d  th e  w h i te  t e a c h e r s  a s  th e  s t a n d a r d  o f  e x c e l l e n c e  a g a i n s t  

w h ic h  h e  m e a s u r e d  t h e  s u i t a b i l i t y  o f  th e  B l a c k  c o m m e r c i a l  t e a c h e r s .  T h e  

o b j e c t i v e  e v i d e n c e  d o e s  n o t  s u p p o r t  h i s  a p p r o a c h  to  th e  m a t t e r ,  f T h e  

e v i d e n c e  s h o w s  w i th o u t  d o u b t  t h a t  M r s .  C a r t e r  w a s  s u p e r i o r  to  th e  

w h i te  t e a c h e r s . '  Y e t ,  t h e  S u p e r i n t e n d e n t  fo u n d  h e r  o n ly  to  b e  " g o o d ,  

c o m p a r e  f a v o r a b l y  w i th  a n y  c o m m e r c i a l  t e a c h e r  in  th e  s y s t e m " ,  m e a n i n g  

th e  w h i te  t e a c h e r s  (E x h .  7). T h i s  a p p r o a c h  r e s u l t e d  in  d i s c r i m i n a t i o n  

a g a i n s t  M i s s  H e a d ,  s i n c e  t h e r e  i s  n o th in g  to  sh o w  t h a t  th e  S u p e r i n t e n d e n t  

o b j e c t i v e l y  c o m p a r e d  th e  a v e r a g e  r a t i n g s  of t h e  w h i t e  c o m m e r c i a l  

t e a c h e r s  to  t h o s e  of th e  B l a c k .  ,

In  th e  c o n te x t  p r e s e n t e d  h e r e  t h i s  w a s  r a c i a l  d i s c r i m i n a t i o n  

s i m p l i c t e r .  T h e  e f f e c t  o f  a p p ly in g  o b j e c t i v e  s t a n d a r d s  to  b o th  th e  w h i te  

c o m m e r c i a l  t e a c h e r s  a n d  th e  B la c k  o n e s  w o u ld  h a v e  l e a d  to  f u r t h e r  

f a c u l t y  d e s e g r e g a t i o n .  T h e  S u p e r i n t e n d e n t  w o u ld  h a v e  h a d  to  a s s i g n  M i s s  

H e a d  to  th e  w h i te  h ig h  s c h o o l  to  t e a c h  w h i te  c h i l d r e n .  A  m o s t  u n a c c e p t ­

a b l e  c h o ic e  f o r  a  S u p e r i n t e n d e n t  a n d  a  s c h o o l  B o a r d  w ho  to o k  no  s t e p s  

to  d e s e g r e g a t e  t h e i r  s y s t e m  u n t i l  t h r e e  y e a r s  ag o  a n d  o n e  w h ic h  no  l e s s  

t h a n  tw o  m o n t h s  a g o  w a s  fo u n d  n o t  to  b e  in  c o m p l i a n c e .  M o r e o v e r ,  th e  

S u p e r i n t e n d e n t  a c c e p t e d  th e  r e c o m m e n d a t i o n  of th e  w h i te  p r i n c i p a l ,  b u t  

c o n d u c te d  a  c l o s e r  e v a l u a t i o n  of th e  B l a c k  t e a c h e r s ,  th o u g h  t h e y  w e r e  

r e c o m m e n d e d  b y  t h e i r  p r i n c i p a l s .

T h e  d e c i s i o n  n o t  to  r e h i r e  M i s s  M c C r a r y  i s  b a s e d  e n t i r e l y  u p o n  

th e  o p in io n s  o f  th e  w h i te  s t a f f  p e r s o n n e l  w ho  h a d  i n f r e q u e n t  c o n t a c t s  w i th

.................— .......... ..................................

-16-



r* 4 e n

h e r  a n d  w h o s e  o r d i n a r y  f u n c t io n  i s  n o t  t h e  e v a l u a t i o n  o f  t e a c h e r  e f f e c t ­

i v e n e s s ,  b u t  s p e c i a l i z e d  i n s t r u c t i o n .  T h e  S u p e r i n t e n d e n t ' s  w i l l i n g n e s s  to  

a c c e p t  t h e  a d  h o c  j u d g m e n t s  of w h i te  s t a f f  m e m b e r s  o v e r  t h a t  of th e  

B l a c k  p r i n c i p a l  a s  to  M i s s  M c C r a r y ' s  e f f e c t i v e n e s s  i s  d i s c r i m i n a t i o n  on 

th e  b a s i s  of r a c e .

T h e  o p in io n  of th e  w h i te  s t a f f  i s  w h o l ly  b a s e d  u p o n  s u b j e c t i v e  

f a c t o r s ,  r e p r e s e n t i n g  s u s p i c i o n s  a n d  d i f f e r e n c e s  o f  o p in io n  a s  to  th e  

m o s t  e f f e c t i v e  t e a c h i n g  m e t h o d s .

M r .  M a s s e y ' s  e x p r e s s i o n  of o p in io n  t h a t  M i s s  M c C r a r y  w a s  a  

w e a k  t e a c h e r  of r e a d i n g  i s  m o s t  a r b i t r a r y .  H i s  o p in io n  i s  m o s t l y  b a s e d  

u p o n  M i s s  M c C r a r y  n o t  u s i n g  m a t e r i a l s ,  s u c h  a s  SR A  K i t  a n d  A l ly n  a n d  

B a c o n  B a s a l  S e r i e s ,  w h ic h  w e r e  n o t  r e a d i l y  a v a i l a b l e  f o r  h e r  u s e ,  i f  a t  

a l l .  ( T r .  2 1 8 -2 2 7 ) .  H is  t e s t i m o n y  in  a i d  o f  th e  d e f e n d a n t s  b e l a t e d  c o n ­

t e n t i o n  t h a t  M i s s  M c C r a r y  w a s  n o t  a n  e f f e c t i v e  t e a c h e r ,  a f t e r  t w e n t y - o n e  

y e a r s  o f  d e v o te d  s e r v i c e  a s  a  t e a c h e r  a n d  l i b r a r i a n ,  s t a n d s  in  s t a r k  

c o n t r a s t  to  h i s  c o u r s e  o f  c o n d u c t  o v e r  th e  p a s t  tw o  s c h o o l  y e a r s .  M a s s e )  

a s s e r t e d  t h a t  M i s s  M c C r a r y  d id  n o t  o r g a n i z e  h e r  c l a s s  in  th e  m o s t  

e f f e c t i v e  m a n n e r  to  m a x i m i z e  l e a r n i n g  o p p o r t u n i t i e s  d u r i n g  th e  r e a d i n g  

p e r i o d .  Y e t ,  h e  a p p r o v e d  a l l  o f  h e r  r a t h e r  d e t a i l e d  a n d  c o m p r e h e n s i v e  

l e s s o n  p l a n s  (E x h .  15). M a s s e y  a c k n o w l e d g e s  t h a t  t h e  m a i n  r e c o m m e n d a ­

t i o n s  h e  h a s  m a d e  to  M i s s  M c C r a r y  " h a v e  b e e n  w r i t t e n  on th e  l e s s o n  

p l a n s "  ( T r .  2 05) .  N o c r i t i c i s m  i s  n o t e d  on  t h o s e  p l a n s  p e r t a i n i n g  to  th e  

o r g a n i z a t i o n  o f  M i s s  M c C r a r y ' s  c l a s s  o r  h e r  w e a k n e s s  a s  a  r e a d i n g  

t e a c h e r .  S u r e l y ,  i f  M i s s  M c C r a r y  w a s  so  w e a k  a s  a  r e a d i n g  t e a c h e r  

t h a t  s h e  i s  n o t  t o  b e  r e - e m p l o y e d ,  ...i t  w a s  i n c u m b e n t  u p o n  M a s s e y  o r  

t h e  S u p e r i n t e n d e n t  to  h a v e  r a i s e d  th e  m a t t e r  w i th  h p r  d u r i n g  th e  s c h o o l  

y e a r .

I t  i s  a t  o n c e  o b v io u s  t h a t  t h e  a r t  c o o r d i n a t o r  i s  p iq u e d  a t  M i s s  

M c C r a r y  a n d  t h a t  h e r  d i s a g r e e m e n t  w i th  h e r  a b o u t  a r t  t e a c h i n g

- 1 7 -

........ U  b



m e t h o d s  i s  w h o l ly  s u b j e c t i v e ,  n o t  b a s e d  u p o n  d e f i n i t e  o b j e c t i v e  s t a n d a r d s .  

H o w e v e r ,  th e  s i g n i f i c a n c e  o f  th e  k in d  o f  a d v e r s e  o p in i o n s  e x p r e s s e d  by  

M a s s e y  a n d  th e  a r t  c o o r d i n a t o r  i s  t h a t  t h e  S u p e r i n t e n d e n t  i s  w i l l i n g  to  

a c t  u p o n  t h e m  a n d  i g n o r e  t h e  B l a c k  p r i n c i p a l ' s  r e c o m m e n d a t i o n s .  I t  i s  

n o t  j u s t  a  m a t t e r  of c h o o s i n g  o n e  o v e r  t h e  o t h e r ,  b u t  o f  t h e  r e a s o n a b l e  

e x p e c t a t i o n  t h a t  m e n  e n t r u s t e d  w i th  t h e  a d m i n i s t r a t i o n  o f  a  p u b l i c  s c h o o l  

s y s t e m  w o u ld  a c t  u p o n  th e  a d v i c e  o f  t h o s e  in  a p o s i t i o n  to  b e s t  k n o w  th e  

t r u e  f a c t s .  T h e  B l a c k  p r i n c i p a l  w a s  in  a  f a r  b e t t e r  p o s i t i o n  to  k n o w  

M i s s  M c C r a r y ' s  t r u e  s t r e n g t h s  a n d  w e a k n e s s e s  a s  a  t e a c h e r .  I t  i s  

s h e  w h o  h a d  d a i l y  c o n t a c t  w i th  b o th  M i s s  M c C r a r y  a n d  h e r  s t u d e n t s .  It 

i s  s h e  w ho  h a d  th e  i m m e d i a t e  s u p e r v i s i o n  o f  M i s s  M c C r a r y .  M o r e o v e r ,  

M r s ,  T r a w i c k  h a s  h a d  " s o m e  t h i r t y - t w o "  y e a r s  e x p e r i e n c e  a s  a  p r i n c i p a l  

o r  c u r r i c u l u m  d i r e c t o r ,  t w ic e  th e  c o m b i n e d  e x p e r i e n c e  of M a s s e y  a n d  

M r s .  D e  L a P e r r i e r e  ( T r .  165, 201, 4 5 4 ) .  B u t ,  M r s .  T r a w i c k  i s  B la c k ,

a n d  th e  S u p e r i n t e n d e n t  i s  n o t  p e r s u a d e d  b y  B l a c k  o p in io n ,  e d u c a t io n ,  

e x p e r i e n c e ,  a n d  p e r s o n a l  k n o w le d g e  a b o u t  t h e  f a c t s  n o tw i t h s t a n d i n g .

M i s s  M c C r a r y ,  l i k e  M i s s  H e a d ,  w a s  n o t  r e h i r e d  b e c a u s e  of e x ­

p e c t e d  r e d u c t i o n  in  B la c k  e n r o l l m e n t .  T h e  S u p e r i n t e n d e n t  w r o t e  M i s s  

M c C r a r y  t h a t  h e r  c o n t r a c t  w a s  b e in g  w i t h h e l d  b e c a u s e  o f  a n  e x p e c t e d  

r e d u c t i o n  in  e n r o l l m e n t  a t  th e  F a i r  S t r e e t  S c h o o l  (E x h .  11). H e  l a t e r  

a m e n d e d  t h i s  i l l e g a l  r e a s o n  to  i n c l u d e  o n e  t h a t  h e  th o u g h t  c o u ld  w i t h ­

s t a n d  j u d i c i a l  s c r u n i t y .  Y e t ,  h e  n o w  c l a i m s  in  a  v e r y  b r o a d  a n d  m o s t  

e l u s i v e  w a y  t h a t  M i s s  M c C r a r y  i s  n o t  a n  e f f e c t i v e  t e a c h e r .  H o w e v e r ,  

w h e n  h e  i s  p r e s s e d  to  d e f in e  w h a t  h e  m e a n s  b y  a n  e f f e c t i v e  t e a c h e r ,

M i s s  M c C r a r y  s a t i s f i e s  e v e r y  e l e m e n t  o f  t h a t  d e f i n i t i o n .  H o w e v e r ,  to  

ju d g e  M i s s  M c C r a r y  to  b e  i n e f f e c t i v e  w h e n  s h e  m e e t s  th e  s t a n d a r d s  

i d e n t i f i e d  b y  th e  S u p e r i n t e n d e n t  i s  n o t  o n ly  to  a c t  in  a  r a c i a l l y  s u s p e c t  

m a n n e r ,  b u t  i s  a l s o  to  a c t  in  a  c l e a r l y  a r b i t r a r y  m a n n e r .



E .  R A C IA L  D IS C R IM IN A T IO N  C H A R A C T E R I Z E S  E M P L O Y M E N T  
P R A C T I C E S  IN  T H E  C IT Y  D IS T R I C T  S Y S T E M ._______________

R a c e  i n f e c t e d  e v e r y  a s p e c t  o f  th e  e m p l o y m e n t  p r o c e s s .  D e f e n d a n t s  

h a v e  h i r e d  m o r e  t h a n  f i f ty  t e a c h e r s  in  t h e  p a s t  tw o  y e a r s .  O n ly  tw o  of 

t h e m ,  o n e  e a c h  y e a r ,  h a v e  b e e n  B l a c k .  D e f e n d a n t s  h a d  no  t r o u b l e  h i r i n g  

B l a c k  t e a c h e r s  w h e n  t h e y  o p e r a t e d  a  t o t a l l y  s e g r e g a t e d  s c h o o l  s y s t e m .  

N ow , t h a t  t h e y  h a v e  b e g u n  th e  p r o c e s s  o f  d e s e g r e g a t i n g  t h e i r  s y s t e m ,  

t h e y  c l a i m  t h a t  B l a c k  t e a c h e r s  a r e  u n a v a i l a b l e .  In  th e  f a c e  of th e  w i d e ­

s p r e a d  d i s c r i m i n a t i o n  a g a i n s t  B l a c k s  in  e m p l o y m e n t  a n d  th e  a b u n d a n t  

o p p o r t u n i t i e s  f o r  B l a c k s  to  a c q u i r e  a  c o l l e g e  e d u c a t i o n  a t  o n e  of t h e  e ig h t  

p r e d o m i n a t e l y  B l a c k  c o l l e g e s  a n d  u n i v e r s i t i e s  in  G e o r g i a ,  t h i s  i s  n o t  a 

c r e d i b l e  a s s e r t i o n .  E s p e c i a l l y  i s  t h i s  s o  i n  l i g h t  of d e f e n d a n t ' s  r e c r u i t ­

in g  p o l i c i e s  w h ic h  f a v o r  g r a d u a t e s  of p r e d o m i n a t e l y  w h i te  c o l l e g e s  a n d  

u n i v e r s i t i e s .

R a c i a l  d i s c r i m i n a t i o n  e x t s t s  w i th  r e s p e c t  to  t e a c h e r  a s s i g n m e n t ,  

a n d  u n l e s s  c h e c k e d  w i l l  l e a d  to  th e  t o t a l  e l i m i n a t i o n  of B l a c k  t e a c h e r s  

w i th i n  a  v e r y  s h o r t  s p a n  of t i m e .  F o u r  w h i te  t e a c h e r s  a r e  a s s i g n e d  to  

F a i r  S t r e e t .  Y e t ,  o n ly  o ne  B l a c k  t e a c h e r  w a s  a s s i g n e d  to  a  w h i te  e l e m ­

e n t a r y  s c h o o l  l a s t  y e a r .  F i v e  w h i t e s  a r e  a s s i g n e d  to  th e  a l l  B la c k  h ig h  

s c h o o l ,  b u t  o n ly  o ne  B la c k  w a s  e m p l o y e d  a t  th e  G a i n e s v i l l e  H ig h  S c h o o l  

a n d  o n e  a t  t h e  j u n i o r  h ig h  s c h o o l .  T h i s  e m p l o y m e n t  p a t t e r n  i s  o n e  w h ic h  

r e d u c e s  t e a c h i n g  o p p o r t u n i t i e s  f o r  B l a c k  t e a c h e r s  a n d  d i s c r i m i n a t e s  

a g a i n s t  t h e m .

B l a c k  t e a c h e r s  a r e  b e in g  s y s t e m a t i c a l l y  e l i m i n a t e d  f r o m  th e  

s y s t e m .  W ith in  t h r e e  y e a r s  o f  t h e  f i r s t  s t a r t s  in  s c h o o l  d e s e g r e g a t i o n ,  

t h e r e  h a s  b e e n  a  tw e lv e  p e r c e n t  r e d u c t i o n  in  t h e  n u m b e r  of B l a c k  t e a c h e r s .  

N o w h i te  t e a c h e r  h a s  b e e n  r e f u s e d  r e - e m p l o y m e n t  in  C i ty  S y s t e m  b e c a u s e  

o f  th e  r e d u c t i o n  in  B la c k  e n r o l l m e n t .  E a c h  of th e  f iv e  w h i t e s  w ho  w e r e

-19-



n o t  r e - h i r e d  w e r e  d i s m i s s e d  f o r  r e a s o n s  e n t i r e l y  i n d e p e n d e n t  o f  th e  

r e d u c t i o n  in  e n r o l l m e n t .

F .  P L A I N T I F F S  A R E  E N T I T L E D  T O  R E L I E F .

P l a i n t i f f s  a r e  a t  t h i s  s t a g e  of th e  p r o c e e d i n g s  e n t i t l e d  to  a n  a w a r d  

o f  a n  a t t o r n e y s  f e e s .  T h e y  h a v e  n o t  y e t  s u s t a i n e d  a n y  o u t  o f  p o c k e t  

l o s s e s .  P l a i n t i f f s  m a y  b e  m a d e  w h o le  b y  th e  i s s u a n c e  o f  a  m a n d a t o r y  

in j u n c t i o n ,  d i r e c t i n g  th e  d e f e n d a n t s  to  r e i n s t a t e  t h e m .  A l th o u g h  i t  i s  

n o t  e x a c t l y  e q u i t a b l e ,  th e  d e f e n d a n t s  c o u ld  a l s o  b e  d i r e c t e d  to  n e g o t i a t e  

w i th  th e  C o u n ty  B o a r d  f o r  e m p l o y m e n t  f o r  b o th  p l a i n t i f f s .

D a te d :  A u g u s t  12, 1969.

R e s p e c t f u l l y  s u b m i t t e d ,

H O W A RD  M O O R E ,  J R .  
P E T E R  E .  R IN D S K O P F
859 1 /2  H u n t e r  S t r e e t ,  N . W. 
A t l a n t a ,  G e o r g i a  30314

A T T O R N E Y S  F O R  P L A I N T I F F S

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G A IN E S V IL L E  D IVISION

R O S A  A . H E A D  a n d  C L A R A  B E L L E  
M c C R A R Y , I n d i v i s u a l l y  a n d  on b e h a l f  
o f  a l l  o t h e r s  s i m i l a r l y  s i t u a t e d ,

P l a i n t i f f s ,

v s .

R .  D . B L A K E N E Y ,  I n d i v id u a l ly  a n d  
a s  S u p e r i n t e n d e n t  of S c h o o ls  o f  th e  
G a i n e s v i l l e ,  G e o r g i a  C i ty  S c h o o l  
D i s t r i c t ;  G A IN E S V IL L E  C IT Y  B O A R D  ;
J A C K  P .  NIX, In d i v id u a l ly  an d  a s  j
G e o r g i a  S t a t e  S u p e r i n t e n d e n t  of S c h o o ls ;  
a n d  G E O R G IA  S T A T E  B O A R D  O F  E D U C A ­
T IO N , j

D e f e n d a n t s .
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P L A I N T I F F S '  R E S P O N S E  T O  
D E F E N D A N T S  F IN D IN G S  O F  
F A C T  A ND  C O N C L U S IO N S  O F  

L A W  I. II. III.

I .  P l a i n t i f f s  d o  n o t  o b j e c t  to  p r o p o s e d  f in d in g s  o f  f a c t s  1, 2, 3, 4, a n d  c.

II .  P r o p o s e d  f in d in g  n u m b e r  5 i s  n o t  s u b s t a n t i a t e d  by  th e  e v i d e n c e .  T w o  

b o a r d  m e m b e r s  t e s t i f i e d  t h a t  t h e  q u e s t i o n  of u p g r a d i n g  t e a c h e r s  w a s  a  

c o n c e r n  o f  th e  B o a r d ,  b u t  th e y  g a v e  n o  t e s t i m o n y  to  p r o v e  th e  e x i s t e n c e  

o f  a n y  p r a c t i c e s  o r  p o l i c i e s  d e s i g n e d  to  l e a d  to  th e  u p g r a d i n g  of t e a c h e r s .  

( T r .  447 ,  4 5 0 -5 1 ) .

I I I .  P r o p o s e d  f in d in g  n u m b e r  7 i s  m i s l e a d i n g .  It  s h o u ld  b e  a m e n d e d  to  

r e f l e c t  t h a t  n e i t h e r  of th e  tw o  B l a c k  b o a r d  m e m b e r s  v o t e d  n o t  to  r e h i r e  

th e  p l a i n t i f f s .  O ne  of t h e m  , M r .  M o r e l a n d ,  w a s  a b s e n t ,  a n d  th e  o t h e r  

o n e ,  M r .  A u s t i n  B ro w n ,  v o t e d  to  g iv e  c o n t r a c t s  to  t h e  p l a i n t i f f s  ( T r .  530)

C IV IL  A C T IO N  

N O . 1 2  7 7



n Q O  A%y.

As  a m e n d e d ,  p l a i n t i f f s  h a v e  no  o b j e c t i o n  to  f in d in g  n u m b e r  7.

IY . P r o p o s e d  f in d in g  n u m b e r  8 i s  n o t  f a i r l y  s u p p o r t e d  by  th e  e v i d e n c e .  

T h e r e  i s  no  e v i d e n c e  t h a t  a n y  t e a c h e r s  o t h e r  t h a n  th e  n a m e d  p l a i n t i f f s  

w e r e  e v a l u a t e d  b y  th e  a d m i n i s t r a t i v e  s t a f f .  T h e  m i n u t e s  f o r  M a y  5, 1969

s h o w  t h a t
" t e a c h e r s  w e r e  e v a l u a t e d  b y  th e  B o a r d ,  t h e i r  
p r i n c i p a l s ,  th e  A s s i s t a n t  S u p e r i n t e n d e n t ,  a n d  
b y  [ th e  S u p e r i n t e n d e n t ] "  ( T r .  5 42) .

V . P r o p o s e d  f in d in g  n u m b e r  9, w h i le  n o t  t o t a l l y  o b j e c t i o n a b l e ,  i s  i n ­

c o m p l e t e .  I t  d o e s  n o t  sh o w  t h a t  th e  w h i te  t e a c h e r s  w e r e  r e l e a s e d  fo r  

r e a s o n s  i n d e p e n d e n t  of th e  r e d u c t i o n  i n  s t u d e n t  b o d y  a n d  t h a t  th e  o t h e r  

B l a c k  t e a c h e r ' s  j o b s  w e r e  a b o l i s h e d .

VI. P r o p o s e d  f in d in g  n u m b e r  10 i s  o b j e c t i o n a b l e ,  b e c a u s e  i t  d o e s  n o t  

r e f l e c t  t h e  e v id e n c e  w h ic h  s h o w s  t h a t  t h e  d e t e r m i n a t i o n  t h a t  e i t h e r  o f

th e  p l a i n t i f f s  i s  i n e f f e c t i v e  w a s  a r b i t r a r i l y  m a d e .  T h e  e v i d e n c e  i s  u n c o n ­

t r a d i c t e d  t h a t  b o th  of th e  p l a i n t i f f s  s a t i s f i e d  d e f e n d a n t ' s  d e f i n i t i o n  of an  

e f f e c t i v e  t e a c h e r .  M o r e o v e r ,  i t  i s  n o t  s u p p o r t e d  by  th e  u n c o n t r a d i c . t e d  

e iv d e n c e  of p l a i n t i f f ' s  e x p e r t  w i t n e s s  t h a t  p l a i n t i f f s  w e r e  e f f e c t i v e  

t e a c h e r s  by  o b je c t i v e  s t a n d a r d s  ( T r .  3 7 5 -3 8 6 ) .

V II.  P r o p o s e d  f in d in g  n u m b e r s  11 a n d  12 a r e  o b j e c t i o n a b l e ,  b e c a u s e

th e  e v id e n c e  i s  u n c o n t r a d i c t e d  t h a t  M i s s  H e a d  h a d  m o r e  e x p e r i e n c e  an d  

e d u c a t io n  th a n  o ne  of t h e  w h i te  t e a c h e r s .  N o  e v i d e n c e  a t  a l l  w a s  a d ­

d u c e d  a s  to  M i s s  H e a d ' s  e f f e c t i v e n e s s .  T h e  e v i d e n c e  a c t u a l l y  o f f e r e d  

p e r t a i n e d  to  t h e  i s s u e  of h o w  s h e  c o u ld  b e  r a t e d  a s  o n ly  a v e r a g e  in  th e  

f a c e  of h e r  p r i n c i p a l ' s  w r i t t e n  e v a l u a t i o n  ( T r .  95, 96 ) .  T h e r e  w a s

o t h e r  u n d i s p u t e d  e v id e n c e  t h a t  s h e  s a t i s f i e d  t h e  S u p e r i n t e n d e n t ' s  o b j e c t i v e  

s t a n d a r d s  ( T r .  107). T h e r e  i s  a  p o s i t i o n  a v a i l a b l e .  C o m m e r c i a l  e d u ­

c a t i o n  h a s  n o t  b e e n  d i s c o n t i n u e d  in  th e  s y s t e m .  O n ly  o ne  of f o u r  c l a s s ­

e s  h a s  b e e n  e l i m i n a t e d .

-2-



V III .  P l a i n t i f f s  o b j e c t  to  p r o p o s e d  f in d in g  n u m b e r  1 3 .  T h e r e  i s  no

e v i d e n c e  t h a t  M i s s  M c C r a r y  i s  a n  in e f f e c t i v e  t e a c h e r .  S he  s a t i s f i e d  

th e  d e f e n d a n t s '  ow n  d e f i n i t i o n  of a n  e f f e c t i v e  t e a c h e r  ( T r .  1 3 2 -3 6 ,  145;

E x h .  13). M o r e o v e r ,  th e  p r o p o s e d  f in d in g  i s  n o t  s u p p o r t e d  b y  th e  

e v i d e n c e .  T h e  e v id e n c e  s h o w s  t h a t  th e  S u p e r i n t e n d e n t  i g n o r e d  b o th  th e  

o b j e c t i v e  a s  w e l l  a s  th e  s u b j e c t i v e  e v id e n c e  s u p p o r t i n g  r e t e n t i o n  of 

M i s s  M c C r a r y  o v e r  o t h e r  t e a c h e r s  in  th e  s y s t e m .

IX. P l a i n t i f f s  o b j e c t  to  p r o p o s e d  f in d in g  n u m b e r  14, T h e  e v id e n c e  

r e l i e d  u p o n  to  s u p p o r t  t h i s  f in d in g  m e r e l y  s h o w s  t h a t  d e f e n d a n t s  d i s ­

c r i m i n a t e d  f u r t h e r  by  o n ly  a s s i g n i n g  B l a c k  t e a c h e r s  t h e y  c o n s i d e r e d  

e f f e c t i v e  to  th e  w h i te  s c h o o l s  ( T r ,  4 1 1 - 1 2 ) .  T h e r e  i s  no  e v i d e n c e  t h a t  

w h i t e s  h a d  to  p a s s  a n  e f f e c t i v e n e s s j t o  b e  a s s i g n e d  in  th e  B l a c k  s c h o o l s .  

P l a i n t i f f s  do  n o t  o b j e c t  to  p o r t i o n  of n u m b e r  12 p e r t a i n i n g  to  th e  e m ­

p l o y m e n t  of o ne  n e w  B la c k  t e a c h e r .

X. P l a i n t i f f s  o b j e c t  to  d e f e n d a n t s '  p r o p o s e d  c o n c l u s i o n s  o f  la w .

T h e y  a r e  a g a i n s t  d e c i s i o n s  of th e  F i f t h  C i r c u i t  a n d  of t h i s  C o u r t .

D e f e n d a n t s  a r g u e  t h a t  p l a i n t i f f s  c a n  h a v e  n o  r e l i e f  a g a i n s t  

B l a c k e n e y  b e c a u s e  h e  i s  n o t  t h e i r  e m p l o y e r  a n d  n o n e  a g a i n s t  th e  G a i n e s ­

v i l l e  C i ty  B o a r d  of E d u c a t i o n  b e c a u s e  i t  w a s  n o t  a  p e r s o n  w i th in  th e  

m e a n i n g  of S e c t i o n  1983, 42 U n i te d  S t a t e s  C o d e .  T h e  d e c i s i o n  of J u d g e

N o e l ,  S o u t h e r n  D i s t r i c t  o f  T e x a s ,  in  H a r k t e s s ,  e t  a l .  v .  S w e e n e y  

I n d e p e n d e n t  S c h o o l  D i s t r i c t , 38 U . S .  L A W  W E E K  200 8  (1969) i s  c i t e d  

a s  th e  p r i m a r y  a u t h o r i t y  f o r  d e f e n d a n t s '  p o s i t i o n .  H a r k l e s s  i s  p r e s e n t l y  

on a p p e a l  to  th e  F i f t h  C i r c u i t ,  w h e r e  i t  i s  p e n d in g  on p l a i n t i f f s '  m o t i o n  

f o r  s u m m a r y  r e v e r s a l .  (No. 28, 188, F i f t h  C i r c u i t ) .

T h e  F i f t h  C i r c u i t  h a s  a l r e a d y  h e l d  t h a t  th e  w o r d  " p e r s o n "  

in c l u d e s  a  c o u n ty  u n d e r  S e c t i o n  1983, 42 U n i te d  S t a t e s  C o d e ,  and ,

t h e r e f o r e ,  i n c l u d e s  a  c o u n ty  u n d e r  S e c t i o n  1971 (b), 42 U n i te d  S t a t e s

-3-



C o d e ,  U n i t e d  S t a t e s  v .  H o l m e s  C o u n ty ,  M i s s i s s i p p i , 385 F .  2d, 145, a t

148 (1967) .

T h i s  C o u r t  in  H a r r i s ,  e t  a l  v .  F o s t e r , e t  a l ,  C / A  N o . 881 , 

N e w n a n  D iv i s io n ,  J u n e  20, 1969 , h e l d  t h a t  a  p u b l i c  a u t h o r i t y ,  o p e r a t i n g

a  p u b l i c  h o s p i t a l ,  m a y  b e  s u e d  u n d e r  S e c t i o n  1983, a n d  c i t e d  s e v e r a l  

a u t h o r i t i e s  to  s u p p o r t  i t s  h o ld in g .

to  a m e n d  s h o u ld  b e  a l l o w e d  to  a d d  th e  i n d i v id u a l  b o a r d  m e m b e r s  a s  

p a r t i e s - d e f e n d a n t s .  T h e y  w e r e  n o t  n a m e d  a t  th e  o u t s e t  to  s a v e  c o s t s  

a n d  to  a v o id  in c o n v e n i e n c e  to  e a c h  in d i v id u a l  m e m b e r  h a v in g  to  a n s w e r  

th e  c o m p l a i n t .  P l a i n t i f f s  d id  n o t  a d d  t h e m  s u b s e q u e n t l y ,  b e c a u s e  in  a n  

off  th e  r e c o r d  d i s c u s s i o n  b e t w e e n  c o u n s e l  f o r  th e  r e s p e c t i v e  p a r t i e s  

d u r i n g  th e  t a k in g  of th e  d e p o s i t i o n  o f  T .  M a r t i n  E l l a r d ,  f o r m e r  B o a r d  

c h a i r m a n ,  p l a i n t i f f s ' c o u n s e l  w a s  l e d  to  b e l i e v e  t h a t  t h e  d e f e n d a n t s  

w o u ld  n o t  m a k e  a n  i s s u e  a b o u t  th e  c a s e  o n ly  p r o c e e d i n g  a g a i n s t  th e  

B o a r d  ( E l l a r d  D e p o s i t i o n  a t  5).  N e i t h e r  i n j u r y  n o r  d e l a y  w o u ld  b e  

o c c a s i o n e d  b y  a d d in g  th e  i n d i v id u a l  m e m b e r s .  S o m e  of t h e m  h a v e  a p ­

p e a r e d  a n d  g iv e n  t e s t i m o n y  in  th e  c a s e ,  a n d  t h e y  h a d  n o t i c e  of th e  

a c t i o n  a n d  o f  t h e  h e a r i n g .  I t  i s ,  h o w e v e r ,  p l a i n t i f f s  p o s i t i o n  t h a t  th e  

g e s t u r e  of a n  a m e n d m e n t  i s  u n n e c e s s a r y  a n d  t h a t  th e  C o u r t  h a s  j u r i s ­

d i c t i o n  o v e r  t h e  s u b j e c t  m a t t e r  of th e  l a w  s u i t  a n d  o v e r  th e  p a r t i e s  in 

th e  c o m p l a i n t .

D a te d :  A u g u s t  14, 1969-

S h o u ld  t h e r e  b e  a n y  d o u b t  a b o u t  t h e  C o u r t ' s  j u r i s d i c t i o n ,  l e a v e

H O W A R D  M O O R E ,  J R .  
P E T E R  E .  R IN D S K O P F
859 1 /2  H u n t e r  S t r e t ,  N. W. 
A t l a n t a ,  G e o r g i a  30314

A T T O R N E Y S  F O R  P L A I N T I F F S

-4



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORt^A 
____ GAINESVILLE DIVISION

IOC

■ kvu*. CUrtK.

ROSA A. HEAD and CLARA BELLE
§

McCRARY, Individually and on 
behalf of all others similarly §
situated, §

Plaintiffs, §
Vs . § CIVIL ACTION
R. D. BLAKENEY, Individually 
and as Superintendent of Schools

§ NO. 1 2 7 7
of the Gainesville, Georgia City 
School District; GAINESVILLE CITY 
BOARD OF EDUCATION; JACK P. NIX,

§
§

Individually and as Georgia State 
Superintendent of Schools; and §
GEORGIA STATE BOARD OF EDUCATION,

§
•§

Defendan ts.

MEMORANDUM SUBMITTED TO THE TRIAL JUDGE 
ON BEHALF OF THE DEFENDANTS BLAKENEY AND 
THE GAINESVILLE CITY BOARD OF EDUCATION

Due to the fact that the hearing before the Court 
scheduled for September 2, 1969, was postponed by the Court at 
the request of counsel for the plaintiffs, counsel for the 
defendants Blakeney and Gainesville City Board of Education 
deem it appropriate to submit this additional memorandum which 
argues that the plaintiffs have failed to establish a claim 
against any of the defendants in this case.

The claim of the plaintiffs, succinctly stated, is 
that they have not been re-employed by their employer because
they are black.



CSGA

The question to be answered is this: How does this
claim, asserted by the plaintiffs, give rise to a cause of 
action?

The plaintiffs invoke jurisdiction of this Court pur­
suant to 28 U. S. C. A. §1343(3) and then allege that this is 
"a suit in equity authorized by law under 42 U.S.C. §1983”. It 
is rather plain that §1343 in and. of itself does not give 
jurisdiction unless there is another statute authorizing a civil 
action to be commenced. The plaintiffs contend that §1983 
authorizes this civil action to be commenced. We argue that 
§1983 does not authorize a civil action against a state or a

have not either alleged or established a cause, of action in this 
case against the State Board of Education or the Gainesville 
City Board of Education.

Section 1983 was enacted by the Congress on April 20, 
1871, and it established a cause of action only against individ­
ual persons acting under color of a state statute or a state 
custom, and it did not establish a cause of action against a 
state or a political subdivision of a state.

In view of the fact that the Fourth Circuit has decided 
numerous teacher non-rehiring cases in which this question has 
never been raised so far as we have been able to determine, we 
deem it necessary to treat the issue in as thorough a manner as 
possible for the benefit of the Court.

Our research fails to reveal a single employment dis­
crimination case which is not based on a statute specifically 
enacted to prevent such employment discrimination. A Fourteenth

2 .



P37A

Amendment violation in and of itself does not give rise to a 
cause of action in a federal district court unless there is a 
federal statute authorizing such cause of action. The view that 
statutory authority is a prerequisite for a federal cause of 
action, even though the wrong complained of is the violation of 
a constitutional right, has been adopted by all of the courts 
which have examined this question recently.

That part of the Civil Rights Act of 1969 having 
reference to equal employment opportunities is expressly not 
applicable to a state or a political subdivision thereof. See 
92 U.S.C.A. §2000(e).

There is no diversity in this case, and there is no 
claim in this case in excess of the jurisdictional amount of 
$10 , 000 . 00 .

Therefore, only 28 U.S.C.A. §1393(3) will give a 
federal district court jurisdiction provided 92 U.S.C.A. §1983 
authorizes the action.

In the case of Tyler vs. Russell, 910 F.2d. 990, the 
Tenth Circuit holds: "Federal jurisdiction is invoked under 
28 U.S.C. §1393 (3) and 92 U.S.C. §1983. The latter is not a 
jurisdictional statute and is significant only to the extent 
that it creates a cause of action."

Section 1983 does not create a cause of action against 
a state or a political subdivision.' In the case of Harvey vs. 
Saddler, 331 F.2d. 387 (1969), the Ninth Circuit says: "The 
complaint fails to state a claim against the school district 
under the Civil Rights Act because Congress did not intend that 
municipal corporations be liable for damages thereunder."

3.



f ? 9 S A

In the case of Sires vs. Cole, 320 F. 2d. 877 (1963) 
the Ninth Circuit again said: "Congress did not undertake to 
bring municipal corporations within the ambit of 42 U.S.C.
§1983. Monroe vs. Pape, 365 U.S. 167, 187, 81 S.Ct. 473- The 

considerations which have led to this conclusion, based largely 
upon an examination of the legislative history, indicate that 
this is likewise true of a state or county. See the legislative 
history reviewed in Monroe vs■ Pape, pp. 188-199 of 365 U.S. pp. 
484-486 of 81 S. Ct. It follows that the action was properly 
dismissed as to defendant Kittitas County."

In the case of Whitner vs. Davis, 410 F.2d. 24 (1969) 
the plaintiff, a school teacher, brought an action because of 
her dismissal from the college faculty. The State of Washington 
and Central Washington State College were among the defendants. 
The action was brought under 42 U.S.C. §1983, and the Ninth 
Circuit held that a state is not a "person" within the meaning 
of this statute and: "The action was therefore correctly dis­
missed insofar as defendant State of Washington is concerned". 
The decision also held that the college "as a state agency, is 
not subject to liability under the Civil Rights Act because it 
is not a 'person' within the meaning of 42 U.S.C. §1983. The 
action was therefore properly dismissed insofar as defendant 
college is concerned."

The case of Board of Trustees of Arkansas A & M 
College vs. Davis, 396 F.2d. 730, (1968) was a case in which 
a dismissed faculty member brought an action against the Board 
of Trustees of the college and the President of the college.
In analyzing the sufficiency of the complaint under §1983 the 
Eighth Circuit held that it did state a claim for relief under 
§1983 "Against the individual members of the Board and Dr. Babin.

4.



* *

f*QQ 4

* our holding; is not to be interpreted to mean that the 
complaint states a claim for relief against the college or the 
State of Arkansas."

The following are quotes from the case of Harkless vs. 
The Sweeny Independent School District, Civil Action No. 66-G-39 
in the United States District Court for the Southern District 
of Texas, Galveston Division entered June 6, 1969:

"The issue before this court, therefore, is 
whether 1983 imposes liability on the school 
district and the individual defendants in 
their official capacities. Stated differently, 
it is whether these defendants are. 'persons' 
within the meaning of that section."

"Extensive research, both by the parties and 
by the court, has failed to uncover any re­
ported case imposing civil liability under 
92 U. S. C. §1983 on any governmental sub­
division ."

"Accordingly, it is the opinion of this court 
that the defendant district is not a 'person' 
as that term is used in §1983, and that 
plaintiffs are not entitled to and may not be 
granted relief of any kind against the district 
under the authority of §1983. Plaintiffs there­
fore have failed to state a claim against the 
district upon which relief can be granted."

"Plaintiffs also attempt to distinguish Monroe 
on the ground that the individual defendants 
in this case were dismissed only in their individ­
ual capacities, with, the suit proceeding against

5 .



the individual defendants in their official 
capacities, as well as against the district.
Courts that have had occasion to apply Monroe 
in this situation uniformly held that suits 
may be maintained only against the officials 
individually, and that governmental boards 
and governmental officials in their official 
capacities are not persons within the meaning 
of §1983. This is only reasonable."

"Plaintiffs thus have failed to state a claim 
against the individual defendants in their 
official capacities, as well as against the 
district."

"As a final source for sustaining this court's 
power to grant the relief they seek, plaintiffs 
assert that because 'the complaint in paragraphs 
1 and 10 expressly sought relief on the additional 
grounds of the due process and equal protection 
clauses of the Fourteenth Amendment,' these clauses 
'coupled with foundation of jurisdiction under 
28 U.S.C. §13h3 (3), give this court jurisdiction 
to redress the wrongs to plaintiffs'. This 
argument, too, is untenable. Section 1343 grants 
to the district courts jurisdiction only over 
civil actions 'authorized by law to be commenced 
by any person'. It cannot be argued that the 
Fourteenth Amendment itself authorizes the 
commencement of civil actions. To so construe 
it would be to ignore the expressed terms of



'OlA

the Amendment and render the enactment of 
42 U.S.G. §1983 superfluous. It has been 
held above that 42 U.S. C. §1983 does not 
authorize the commencement of this suit 
against these defendants. Moreover, plaintiffs 
have failed to come forward with another 
statute authorizing such commencement, and 
this court is aware of no such statute. There­
fore, as 28 U.S.C. §1343 (3) is not sufficient 
in the absence of another statute to authorize 
the prosecution of civil actions against persons 
alleged to have violated another's consititutional 
rights, the plaintiffs' claim must be dismissed."

As stated hereinbefore, we have read all of the reported 
cases in the circuit courts involving the non-rehiring of teachers, 
and in none of them do we find the question raised about the right 
of a court to grant relief against a political subdivision under 
§1983. In all of the reported cases which we have read where the 
issue has been raised the courts have held that such relief can 
not be granted under §1983 against a political subdivision.

We therefore think that it is plain in this case that 
the court can not grant relief against the State Board of Education 
or the Gainesville City Board of Education. The only individual 
persons who are defendants in this case are R. D. Blakeney and 
Jack P. Nix, and the evidence Is very plain that neither of them 
was the employer of the plaintiffs in this case. The court can 
not grant any relief in this case against these individuals be­
cause there is no evidence in the record to support the granting

7.



of any such relief.

^/7«o t

It is respectfully submitted that the plaintiffs in 
this case have failed to establish a claim for which relief can 
be granted against any of the named defendants in the case.

The defendants Gainesville City Board of Education and 
Blakeney urge that there is no good reason or necessity for 
another hearing in this case since the hearing•scheduled for 
September 2, 1969 was postponed by the court at the request of 
counsel for the plaintiffs. A further hearing, irrespective of 
what evidence may or may not be introduced, can not possibly 
establish a claim against any of the defendants in this case.

Respectfully submitted, 
KENYON, GUNTER, HULSEY & SIMS

fiy . - ■ _______
Win. B . G a n t r e r  /

ATTORNEYS FOR &EFENDANTS BLAKENEY 
AND GAINESVILLE CITY BOARD OF 
EDUCATION.

Box 9-15
Gainesville, Georgia 30501



CERTIFICATE OF SERVICE

This will certify that a copy of the foregoing
Memorandum on behalf of R. D. Blakeney and the Gainesville 
City Board of Education has been served by United States 
Mail this date by depositing a copy of same properly addressed 
with sufficient postage affixed thereon so as to reach them 
in due course of mail upon the following:

Mr. Howard Moore, Jr. 
Attorney at Law 
859 1/2 Hunter Street, N.W. 
Atlanta, Georgia 30314
Mr. Alfred L. Evans, Jr. 
Assistant Attorney General 
132 Judicial Building 
9-0 Capitol Square 
Atlanta, Georgia 3033k

This 5th day of September, 1969.

Wm. B. Gunter'



UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF GEORGIA 

GAINESVILLE DIVISION

ROSA A. HEAD and CLARA BELLE 
I McCRARY, Individually and on 
j behalf of all others similarly 
| situated,
ii
|| vs.
i|
| R. D. BLAKENEY, Individually 

and as Superintendent of Schools 
| of the Gainesville, Georgia, City 
j School District; GAINESVILLE CITY 
|! BOARD OF EDUCATION: JACK P. NIX,
| Individually and as Georgia State 
: Superintendent of Schools; and
i j  GEORGIA STATE BOARD OF EDUCATION

O R D E R

CIVIL ACTION 

NO. 1277

;! The defendants, Blakeney and Gainsville City Board of

jj Education, now contend that the plaintiffs have failed to establish 

;| a claim for which relief can be granted. They claim 42 U.S.C.

|j §1983 does not authorize the granting of any relief against a 

j political subdivision. Monroe v. Rape. 365 U.S. 167, 81 S.Ct.

|j Z|'73’ 5 L.Ed 2d 492 (1961); and Harkless, et al v. Sweeney Inde- 

j! pendent School District, Civil Action No. 66-G-34 (S.D. Tex.,

. filed June 6 > 1969). In view of the fundamental nature of this 

j! allegation, plaintiffs' counsel is ordered to respond by brief 

|| within fifteen (15) days.

So ordered this the 19th day of September, 1969.



FILED IH CLERK'S OFF!CL

^05 ifc i . iS. ; tC ° Q ' n Y
i^ U U tL  ^  CLrj(ti

UNITED STATES DISTRICT C0i!rT ^  ^
NORTHERN DISTRICT OF GEORGIA 

GAINESVILLE DIVISION

ROSA A„ HEAD, et al

VERSUS

R„ D. BLAKENEY, et al

CIVIL ACTION NO. 1277

O R D E R
This is an action in which two black school teachers 

allege they were not rehired by defendants solely because of their 

race. Plaintiffs are suing for injunctive relief and for a 

declaratory judgment under 28 U.S.C.A. §1343(3) and 42 U.S.C.A. 

§1983.

A hearing was held on plaintiffs' motion for a prelim­

inary injunction on June 23rd and 24th, 1969, Subsequent to that 

hearing, defendants have urged that plaintiffs failed to state a 

claim for which relief can be granted. Essentially, defendants 

are contending that §1983 does not authorize the granting of 

relief against a political subdivision, i„e., a Board of Educa­

tion. In support of their position defendants cite Monroe v. Pape 

365 U.S. 167, 81 S.Ct. 473 (1961), and Harkless v. The Sweeney 

Independent School District, _____ F.Supp. _____ (S.D. Tex. 1969).

The Harkless case directly holds that a school district 

is not a "person" within the meaning of §1983. This case has been 

appealed to the Fifth Circuit, and is scheduled to be heard in a 

matter of days. In view of the iminence of the Fifth Circuit's 

ruling in Harkless and its obvious relevance to this case, this 

court deems it best to delay a ruling pending the Fifth Circuit's 

decision in Harkless.

v  / (/



This is a civil action for a preliminary and permanent 

injunction, authorized by 42 U.S.C. §1983. Jurisdiction is con­

ferred by 28 U.S.C. §1343(3).

The plaintiffs are two black teachers, Clara Belle 

McCrary and Rosa A. Head. The defendants are R. D. Blakeney, 

Superintendent of the Schools of the Gainesville, Georgia, City 

School District, and the Gainesville City Board of Education.

The plaintiffs claim that their teaching contracts were not re­

newed for the 1969-70 school year solely because of their race 

or color, in violation of the Constitution and laws of the United 

States. The defendants claim that plaintiffs were not rehired 

because of ineffectiveness, in the case of Miss McCrary, and a 

reduction in the number of commercial courses offered by the 

system, in the case of Miss Head.

Plaintiffs brought action on their own behalf and on 

behalf of all other Negro teachers in Georgia similarly situated. 

This case cannot be maintained as a class action under Rule 23, 

Fed.R.Civ„P. In cases alleging the dismissal of black teachers 

for racial reasons, an individual determination must be made as 

to each teacher, examining whether the dismissal was for just cause 

Since the ultimate question in each case is an individual one,

teacher dismissal actions are inappropriate for the cfess action

vehicle.



7 0 7 A

Complaint was filed in this ease on June 4, 1969, naming 

as defendants the local superintendent and school board, and, in 

addition, the State Board of Education and State Superintendent 

of Schools. On June 20, 1969, an order was passed dismissing as 

party defendants the Georgia State Board of Education and Jack P. 

Nix, State Superintendent of Schools. Upon plaintiffs' motion to 

alter or amend, this court later agreed to reconsider the dis­

missal. A hearing was ordered for that purpose; however, upon 

request that hearing was postponed, and no subsequent hearing has 

been scheduled. Plaintiffs' motion to alter or amend is treated 

later in this order. On June 23 and 24, a trial on the merits 

was held consolidating plaintiffs' requests for preliminary and 

permanent injunctive relief. Briefs were submitted by both 

parties in August, 1969. In their post-hearing briefs, defend­

ants urged for the first time that plaintiffs had failed to state 

a claim for which relief could be granted, arguing that 42 U.S.C. 

§1983 did not authorize suit against a political subdivision such 

as a board of education, and that no claim had been stated against 

Blakeney. To support the contention defendants cited Monroe v.

Pape, 365 U.S. 167, 81 S.Ct. 473 (1941); and Harkless v. The Sweenet
|

Independent School District, 300 F.Supp. 794 (S.D. Texas 1969). 

Additional briefs on the question were ordered by the court on 

September 19, 1969; and on December 22, 1969, further decision 

was delayed pending the Fifth Circuit's ruling in Harkless, supra, 

then on appeal. On June 2, 1970, in Harkless v. Sweeney School 

District, et al, Civil Action No. 28188 (5th Cir., filed June 2, 

1970) the Fifth Circuit stated:

-2-



While the question is not free from doubt, 
we are of the view that the school district 
here was included within the meaning of 
"person" in §1983 for the equitable relief 
sought and that the district court erred 
in holding to the contrary.

The Fifth Circuit further stated that §1983 authorized a suit 

against the school superintendent. Harkless removes defendant's 

objection that plaintiffs have failed to state a cause of action. 

Accordingly, this court proceeds to make findings of fact and 

conclusions of law, as required by Rule 52(a) of the Federal 

Rules of Civil Procedure.

FINDINGS OF FACT

1. Miss Head and Miss McCrary were black school 

teachers employed by the Gainesville City Board in the Gainesville 

School system in the year 1968-69 and prior thereto. The Gaines­

ville City Board was the employer and Miss Head and Miss McCrary 

were employees of Gainesville City Board. The teaching contracts | 

entered into by the Gainesville City Board with teachers were for I 

one year only, and the teaching contracts of Miss Head and Miss I
I

McCrary, as well as all other teachers in the Gainesville system, j 
terminated at the end of the 1968-69 school year „

2. The Gainesville City Board did not offer contracts 

of re-employment to Miss Head and Miss McCrary for the ensuing 

school year, 1969-70.

3. The Gainesville City School District has had a 

history of racial discrimination. Until the enactment of the 

Civil Rights Act of 1964, this system had fully segregated black 

faculty and students from whites. Through the 1968-69 school 

year, there has been a minimum of integration, as evidenced in the

70SA

-3-



following chart showing the racial composition of the faculties 

and student bodies of the eight city schools:

1968-69 SCHOOL YEAR 

ELEMENTARY SCHOOLS

70S A

Students Teachers
White Black White Black

Fair St. Elem. School 0 723 4 23

Miller Park 290 25 13 0

Main Street 302 37 16 0

Enota 612 6 21 1

Candler 438 8 18 0

JUNIOR HIGH SCHOOL

Gainesville Jr. High 506 113 27 1

HIGH SCHOOLS

E. E. Butler 1 474 5 21

Gainesville 861 21 38 1

4. In 1953, the Gainesville City School District

entered into a contract with the Hall County Board of Education

by which all black children residing in the county outside the 

city limits were to be transported to Gainesville where they would 

attend all-black schools„ In order to retain federal monies since 

the 1964 Civil Rights Act, Hall County agreed to educate those 

blacks living within its boundaries. This has had the effect over 

the past few years of removing 600 black Hall County students from 

the City system.

5. Over the past four years, as the Gainesville City 

School District has moved to desegregate, the percentage of black 

students and faculty has dropped as follows:

-4-



PERCENTAGE OF GAINESVILLE CITY SCHOOL DISTRICT

Black students Black faculty
1966-67 39 1/2 37

(No figures given for 1967-68 school year)

1968- 69 34 26

1969- 70 29 25

6. During the school year 1968-69 approximately 275 to 

300 black Hall County students were enrolled in the Gainesville 

City system, but because of the Hall County system's desegregation 

plan these black students were not enrolled in the Gainesville 

City system during the year 1969-70, but were enrolled and educa­

ted in the Hall County system during the 1969-70 school year.

There was a net decrease in the total enrollment of students in 

the Gainesville City system during the year 1969-70 of approxi­

mately 275 to 300 students. This resulted in the loss of six 

teaching positions at Fair Street and four at Butler High School.

7. The only reason for the overall reduction in the 

teaching staff of the Gainesville City system for the school year 

1969-70 was the loss of black students from the Gainesville City 

system to the Hall County system.

8. The Gainesville City Board of Education consists of 

12 members appointed by the Gainesville City Commission, and the 

Mayor of the City of Gainesville serves as a member of the Board 

by virtue of his office in addition to the 12 appointed members.

The Gainesville City Board has full and complete control over the 

Gainesville City School system. The personnel committee of the 

Gainesville City Board during the school year 1968-69 consisted 

of five members, four of them white and one of them black. Two

-5-



of the 12 appointed members of the Gainesville City Board were 

black and two black persons have been members of the Gainesville 

City Board for several years. Neither of the two black board 

members voted against rehiring the plaintiffs.

9. The system used by the Gainesville City Board of 

Education to determine which teachers would be re-offered con­

tracts relies heavily, although not exclusively, on the recom­

mendation of the superintendent. Generally, in January or 

February the principals are required to turn in to the superin­

tendent an evaluation of each teacher on their faculties. These 

evaluations are placed on a rating sheet and the superintendent 

personally reviews these with each principal. The assistant 

superintendent also reviews the evaluations. Further, the 

superintendent consults with supervisory people from his central 

office staff having system-wide responsibilities, i.e., the 

language arts consultant, the reading specialist, and the art 

director. Based upon this information and from any personal ob­

servations the superintendent may have made, he then makes his 

recommendations for re-employment to the personnel committee of 

the Board. The committee may overrule the superintendent's 

recommendations, but it generally concurs and makes its recom­

mendations to the full Board, which has the final decision on the 

matter. Deviation by the Board from the superintendent's and 

committee's recommendations is rare.

10. On February 20, 1969, the personnel committee of 

the Gainesville City Board, other members of the Board, and all 

eight principals of schools in the Gainesville system went over 

the entire list of teachers then employed and the personnel

-6-



O  A• 2-0 A j

committee decided to recommend that contracts for the ensuing year j 

not be offered to nine teachers, six of whom were white and three 

of whom were black.

11. Miss Head was a teacher of commercial education 

for three years at the formerly all-black Butler High School. She 

held a T-4 certificate and had earned three hours credit toward 

her Master's Degree. Miss Head was recommended for re-employment 

by her principal. She was considered an effective teacher of 

commercial education by the superintendent and would have been 

offered a contract for 1969-70 if one of the four commercial 

education courses in the Gainesville system had not been elimi­

nated. In comparing Miss Head with the other black commercial 

teacher at Butler High School, her principal considered Miss Head 

less effective. Miss Head had more seniority than one of the two 

white commercial teachers at Gainesville High School. The super­

intendent compared the commercial teachers system-wide before 

rating Miss Head as least effective of all of them. Since the
I

Gainesville system required one less commercial education teacher !
I

in 1969-70, the superintendent recommended to the personnel com- j 
mittee that Miss Head not be re-offered employment for the ensuingj 

year. j

12. Miss McCrary was a fourth grade teacher with twentyj 

one years of experience in the Gainesville system. Seventeen of 

those year were spent teaching third grade. During 1968-69, Miss 

McCrary was the only primary grade teacher in the system with a 

Master's Degree. She holds a T-5 professional teaching certifi­

cate . Miss McCrary was recommended for re-employment by her 

principal, and her principal is willing to take her back as a 

teacher of either the third or fourth grade. Both Miss McCrary's 

former principal and her most recent principal considered her to

In
-7-



713 A

be an effective teacher.

In a discussion among the superintendent, assistant 

ij superintendent and the principals of Fair Street and Butler High,
jl
" it was determined that Miss McCrary was less effective than other 

j! teachers because of her reluctance to accept suggestions fromi
I supervisors, her failure to adopt modern teaching techniques, her 

j classroom presentation was rather dull, and her students were not 

j| motivated to learn, and that, accordingly, her contract would be 

jj withheld. The reading specialist, Mr. David Massey, considered 

l| Miss McCrary to be the weakest teacher of reading in the system.

ji The art director, Mrs. Dorothy DeLaPerriere, considered Miss Mc-
|
I* Crary to be the weakest teacher of art in the system. The 

j assistant superintendent believed Miss McCrary was not performing 

well in the classroom. Based upon this information from his 

supervisory personnel, it was the superintendent's judgment that 

j Miss McCrary was not as effective as teachers that he wanted to 

retain in the school system. In reaching this judgment the super-

;i intendent compared Miss McCrary system-wide with all teachers in
:|
l her certified field.i!

13. While the principals' responsibilities in evaluating 

teachers extended to only those teachers within their respective 

j| schools, it was the superintendent's responsibility to rate and

|| evaluate all the teachers within the system. The factors used by
j l
j i!; the superintendent to determine effectiveness placed primary em- 

i; phasis on satisfactory classroom instruction, rather than a 

ji teacher's experience or background. Necessary factors were certi­

fication, good moral character, education, ability to articulate, 

and knowledge and execution of the techniques of education. It

-8-

? /  v



was the superintendent's judgment after his evaluation of all 

teachers that certain black teachers in the system were effective 

teachers and they should be re-offered contracts for the ensuing 

school year. However, the superintendent recommended to the per­

sonnel committee that Miss Head and Miss McCrary, after an evalua­

tion of them by himself and his staff, not be given contracts for 

the ensuing year because of Miss McCrary's ineffectiveness as a 

teacher and because Miss Head was the least effective of the four 

commercial teachers in the system. The personnel committee recom­

mended that Miss Head and Miss McCrary not be re-employed for the 

ensuing year, and the personnel committee also recommended to the 

full Board that seven other teachers in addition to Miss Head and 

Miss McCrary not be employed for the ensuing year. Six of the 

seven additional teachers were white and one of them was black.

The Board voted 8 - 1  not to offer contracts to said teachers for 

the 1969-70 school year.

CONCLUSIONS OF LAW

1. The Equal Protection Clause of the Fourteenth 

Amendment forbids the selection, retention and assignment of 

public school teachers on the basis of race. Knowles v. Board of 

Public Instruction of Leon Co., Fla., 405 F.2d 1206 (5th Cir.

1969); and Wall v. Stanley County Board of Education, 378 F.2d 275 

(4th Cir. 1967).

2. The reduction in the number of students and faculty 

in a previously all Negro school will not alone justify the dis­

charge or failure to re-employ black teachers in a school system. 

North Carolina Teachers Assoc, v. Asheboro City Board of Education,

71 A  ̂

-9-



393 F.2d 736 (4th Cir. 1968); and Wall v. Stanley County Board of 

Education, supra.

3, Teachers displaced . from formerly all-black schools 

must be judged by definite objective standards for continued 

employment. North Carolina Teachers Assoc, v. Asheboro City Board 

of Education, supra; Rolfe v. County Bd, of Ed. of Lincoln Co.,

Tenn., 391 F.2d 77 (6th Cir. 1961); and Wall v, Stanley County 

Board of Education, supra.

4. A teacher wrongfully denied re-employment in contra­

vention of the above principles of law is entitled to equitable 

remedies, including an award of actual damages. North Carolina 

Teachers Assoc, v. Asheboro City Board of Education, supra; and 

Wall v. Stanley County Board of Education, supra.

5, Although school boards generally have wide discre­

tion in the employment and dismissal of teachers, a long history 

of racial discrimination, coupled with disproportionate discharges 

in the ranks of black teachers where desegregation finally is 

begun, gives rise to a strong inference of discrimination in the 

failure to re-employ black teachers in other schools. Such 

circumstances cast the burden of proof on the school board to 

show that the failure to rehire was for nondiscriminatory reasons, 

and require that such proof be clear and convincing before the 

failure to re-employ may be upheld. North Carolina Teachers Assoc.. 

of Asheboro City Board of Education, supra; and Williams v. Kim- I 

brough, 295 F.Supp. 578 (W.D. La. 1969).

6. Initially, the burden of proof was on the plain­

tiffs to show that they were denied employment solely because of ! 

their race. However, by showing the history of racial discrimina- j 

tion within the Gainesville City School District, in addition to

715 A

-10-



B A

the steady reduction in the proportion of blacks on the faculty 

since the City system began to desegregate, the burden of proof
!shifted to the defendants. North Carolina Teachers Assoc, v. 

Asheboro City Board of Education, 393 F.2d 736, 3 A.L.R.Fed. 299

(4th Cir„ 1968); and Williams v. Kimbrough, 295 F.Supp. 578 (W.D. j
|

La. 1969). While the decrease in the percentage of black teachers
j

in Gainesville might not fairly be characterized as "a sudden 

disproportionate decimation" as in Chambers v. Hendersonville City j 

Board of Education, 364 F.2d 189 (4th Cir. 1966) where only 7 out 

of 24 black teachers were retained by the board, the steady attri­

tion of black teachers in Gainesville has been sufficient to shift ; 

the burden of proof to the defendants.

7. Here the burden was on the defendants to show by 

clear and convincing evidence that the failure to rehire plaintiffs1 

was for nondiscriminatory reasons. The superintendent relied upon 

the observations of his black principals and other members of his 

supervisory staff in reaching the conelusion that Miss McCrary 

should not be offered a contract for the 1969-70 school year.

While plaintiffs' counsel has attacked the basis for the super­

visors ' judgments, it is the opinion of this court that the 

thrust of the testimony remains that Miss McCrary was one of the 

weaker teachers, at best, and perhaps, the weakest teacher in the 

system in the areas of reading and art. Giving credit to this 

testimony, it appears defendants had adequate non-racial reasons 

for not employing Miss McCrary for the 1969-70 school year.

8. Regarding Miss Head, the record indicates her per­

formance was considered satisfactory and that she ordinarily
I

would have been rehired by the Gainesville system. However, the j

-11-

7 / S



superintendent, in evaluating Miss Head with the other three 

commercial teachers, concluded that she was least effective. The 

factors included in this determination were use of the English 

language, the ability for self-expression, and proficiency in the 

teaching area. Evaluating all the commercial teachers against 

these criteria, it was the superintendent’s judgment that Miss 

Head was the least effective.

Once it is determined that an objective evaluation was 

made prior to the dismissal of the black teachers, judicial 

inquiry ends. This court holds that defendants have demonstrated 

by clear and convincing evidence that the reasons for not rehir­

ing plaintiffs were nondiscriminatory„

Accordingly, plaintiffs' request for injunctive relief

is denied.

Since there has been no finding of racial discrimination 

against plaintiffs by the superintendent and the Gainesville 

City Board of Education, it is no longer necessary to consider 

whether the state defendants were properly dismissed from this 

action. Any liability of the state defendants to plaintiffs 

must derive from a finding that the failure to rehire plaintiffs 

was discriminatory. This basis for liability being absent, 

therefore, plaintiffs' motion to alter or amend the June 20,

1969, order of this court is denied.

Counsel for defendants is directed to prepare a judgment 

in accordance with this order.



IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION

ROSA A. HEAD and CLARA. BELLE 
McCRARY, Individually and on 
behalf of all others similarly 
situated,

§
§
§
§
§

Plaintiffs, §
§
§
§

CIVIL ACTION
R. D. BLAKENEY, Individually § NO. 1277
and as Superintendent of Schools § 
of the Gainesville, Georgia, City § 
School District; GAINESVILLE CITY § 
BOARD OF EDUCATION; JACK P. NIX, § 
Individually and as Georgia State § 
Superintendent of Schools; and § 
GEORGIA STATE BOARD OF EDUCATION, §

This action came on regularly for trial before the 
Court, Honorable Albert J. Henderson, Jr., District Judge, pre­
siding, and the issues having been duly tried and a decision 
having been duly rendered,

IT IS ORDERED AND ADJUDGED that Plaintiffs' request for 
injunctive relief be denied, that the action be dismissed on the 
merits, and that the Defendants recover of the Plaintiffs their 
costs of action.

Defendants. §§

J U D G M E N T

1970.

C u e j KJ^ u r  i jU U K i



F o rm  A. O. 133 (1-63) BILL OF COSTS

United States district Court
for ffjr

719A

NORTHERN.. f .I  S T R IC T.. C.F.. ,C: i, U R Q IA .. -  ..GAINESVILLE D1V1 S I ON 
ROSA A. HEAD, a n d  CLARA BELLE McCRARY,
Individually and on behalf of all others similarly 
situated

vs.

0. BLAKENEY, et al
Judgm ent having been entered in the above entitled action on the 

A u g u s t  , 19 7 0 , ugxsc»t< 
the clerk is requested to tax  the following as co sts :

B I L L  OF  C O S T S

C ivil Action File N o . 1277

6 t h

Fees of the clerk 

Fees of the m arshal
Fees of the court reporter for all or any p art of the 

transcrip t necessarily obtained for use in the case

Fees and disbursements for printing

Fees for witnesses (itemized on reverse side)
Fees for exemplification and copies of papers 

necessarily obtained for use in case

Docket fees under 28 U. S. C. 1923

Costs incident to taking of depositions

Cost as shown on Mandate of Court of Appeals
Other Costs (Please itemizeJ

A
7,

day of

%

5 6 4 .0 0 A,

.2 0 .0 0

2 7 3 .5 0  *

* S e e  A f f i d a v i t  a t t a c h e d  h e r e t o .

Total

State of G e o r g i a  
County of H a l l

ss:

I, S a m u e l  L . O l i v e r  do hereby swear th a t the
foregoing costs are correct and were necessarily incurred in th is action and th a t the services for which 
fees have been charged were actually and necassarily performed. A copy hereof was this day mailed 
to M r. H o w ard  M o o re , 659  1 / 2  H u n t e r  S t . , N . W .  , A t l a n t a ,  G a . with postage 
fully prepaid thereon.

Please take notice th a t I  will appear before the Clerk who will tax  said costs on ■ (//  '
,1 9  l )  a t 7 / vh

A ttorney for G i t y  ° f  G a i n e s v i l l e  B o a r d  o f  E d u c a t i o n  

Subscribed and sworn to before me th is / /  ' day of A. D. 19 /

/) X TT̂ ~,
N otary Public.

at G a i n e s v i l l e ,  G e o r g i a

of
Costs are hereby taxed in the amount of $ th is 1 7 th  day

August ,1 9  yo> and th a t amount included in the judgment.

, 1 RifiYe p , i j o ; a ,Clerk. s

S p e n c e ^  D . F ^ e rc e rP e p u ty  Clerk.
NOTE: SEE REVERSE SIDE FOR AUTHORITIES ON TAXING COSTS.

1 , £?



720A ' Xl s d nr r
•̂laudo C-0 2
»r: 71 h

men
A0G ,

Cloptc * 1 ISpjf

Clerfc
UNITED STATES DISTRICT COURT

FOR THE
NORTHERN DISTRICT OF GEORGIA - GAINESVILLE DIVISION

ROSA A. HEAD, ET AL §
§

vs. § C. A. NO. 1277
§

R. D. BLAKENEY, et al f

Personally appeared before the undersigned officer 
authorized to administer oaths, SAMUEL L. OLIVER, who after 
being duly sworn, deposes and states:

I.
That he is of counsel for the City of Gainesville in 

the above-styled case.

2 .
That the attached deposition costs were for the taking 

of the following depositions:
R. D. Blakeney 
Otis Ellenburg 
P. Martin Ellard 
Clara Belle McCrary 
Rosa A. Head 
L. C. Baylor 
Mrs. Frances Miller

3 .
That the above deposition costs were necessarily in­

curred in preparation for trial of the above case.

Samuel L. Oliver
Subscribed and sworn to before me this

~l /L- /*
_ da-y of L L O y.c  Z \ 7  1970.

<7
iDj Uj . .
Notary ^Public

-I ■ 4



4 FILED IN CLERK'S OFFICE
AUG 2 1)970

Claude L. Gosa, C le rk

IN THE UNITED STATES D I S T R I ? ^

NORTHERN D IS T R IC T  OF GEORGIA 

GAINESVILLE D IV IS IO N

ROSA A . HEAD a n d  CLARA BELLE X
NlcCRARY, I n d i v i d u a l l y  a n d  o n  
b e h a l f  o f  a l l  o t h e r s  s i m i l a r l y  
s i t u a t e d . X

P l a i n t i f f s ,
Y

C IV IL  ACTION NO

- v s -
A

1 2 7 7

R. u .  BLAKELEY, I n d i v i d u a l l y  
a n a  a s  S u p e r i n t e n d e n t  o f  S c h o o l s  
o f  t h e  G a i n e s v i l l e ,  G e o r g i a ,  C i t y

X

S c n o o l  D i s t r i c t ;  GAINESVILLE CITY 
BOARD OF EDUCATION; JACK P .  N IX ,

X

I n d i v i d u a l l y  a n d  a s  G e o r g i a  S t a t e  
S u p e r i n t e n d e n t  o f  S c h o o l s ;  a n d X
GEORGIA STATE BOARD OF EDUCATION,

D e f e n d a n t s .
X

NOTICE OF APPEAL

N o t i c e  i s  h e r e b y  g i v e n  t h a t  ROSA A. Hb AD a n d  CLARA BELLE 

NCCRARY, p l a i n t i f f s ,  f o r  t h e m s e l v e s  a n d  o t h e r s  s i m i l a r l y  s i t u ­

a t e d ,  h e r e b y  a p p e a l  t o  t h e  U n i t e d  S t a t e s  C o u r t  o f  A p p e a l s  f o r  

t h e  F i f t h  C i r c u i t  f r o m  t h e  j u d g m e n t  e n t e r e d  o n  t h e  b t h  d a y  o f  

A u g u s t ,  1 9 7 0  , i n  t h e  U n i t e d  S t a t e s  D i s t r i c t  C o u r t  f o r  t h e  N o r t h e r n  

d i s t r i c t  o f  G e o r g i a ,  A t l a n t a  D i v i s i o n ,  i n  f a v o r  o f  d e f e n d a n t s .

D a t e d :  A u g u s t  1 8 ,  1 9 7 0 .

1L
HOWARD kOORE,
PETER RINDSKOPl 
S u i t e  1 1 5 4  
75 P i e d m o n t  A v e n u e  
A . t l a n t a ,  G e o r g i a

, N . E .
3 0 3 0 3

JACK GREENBERG
CONRAD HARPER
10 C o lu m b u s  C i r c l e
New Y o r k ,  New Y o rk  1 0 0 1 9

ATTORNEY FOR P L A IN T IF F S



722A

IN  THE UNITED STATES D IS T R IC T  COURT 
FOR THE NORTHERN D IS T R IC T  OF GEORGIA

____________G A IN E S V IL L E ____  D IV IS IO N

COST BOND ON APPEAL

ROSA A. HEAD &
KNOW ALL MEN BY THESE PRESENTS, T h a t  we CLARA BELLE MeCRARY

a s  P r i n c i p a l  a n d  R e l i a n c e  I n s u r a n c e  C o m p a n y  a s  s u r e t i e s ,  a r e  h e l d
C o u r t

a n d  f i r m l y  b o u n d  u n t o  t h e  C l e r k  o f  t h e  U n i t e d  S t a t e s  D i s t r & n t  t h e  

f u l l  a n d  j u s t  su m  o f  TWO HUNDRED F IF T Y  .AND N O /1 0 0  DOLLARS ( $ 2 5 0 . 0 0 )  

t o  b e  p a i d  t o  t h e  s a i d  C l e r k ,  h i s  h e i r s  o r

a s s i g n s ;  t o  w h i c h  p a y m e n t  w e l l  a n d  t r u l y  t o  b e  m a d e ,  we b i n d  o u r ­

s e l v e s ,  o u r  h e i r s ,  e x e c u t o r s ,  a n d  a d m i n i s t r a t o r s ,  j o i n t l y  a n d  

s e v e r a l l y ,  b y  t h e s e  p r e s e n t s .

S e a l e d  w i t h  o u r  s e a l s  a n d  d a t e d  t h i s  t h e  2 6 t h  d a y  o f  A u g u s t , _ 1 9 7 0 .

WHEREAS, l a t e l y  a t  a  t r i a l  i n  t h e  UNITED STATES D IS T R IC T  

COURT f o r  t h e  NORTHERN D IS T R IC T  OF GEORGIA i n  a  p r o c e e d i n g  p e n d i n g

i n  s a i d  c o u r t ,  b e t w e e n  ROSA A. HEAD & CLARA BELLE MeCRARY___________

a s  p l a i n t i f f  a n d  r . d .  BLAKENEY,  e t  a l ._________________ a s  d e f e n d a n t

■‘•n ______________  A c t i o n  N o .  1 2 1 1 _________________  a  j u d g m e n t  w as

r e n d e r e d  a g a i n s t  t h e  s a i d  p l a i n t i f f s  an ( j  t h e  s a i d

___________  p l a i n t i f f s _____________  h a v i n g  f i l e d  n o t i c e  o f  a p p e a l  i n

t h e  C l e r k ' s  O f f i c e  o f  t h e  s a i d  C o u r t  t o  r e v e r s e  t h e  s a i d  j u d g m e n t  

i n  t h e  a f o r e s a i d  p r o c e e d i n g .

NOW THE CONDITION OF THIS OBLIGATION I S  SUCH, t h a t  i f  t h e

s a i d  — P l a  i n t i  f  f  s___________ _ s h a l l  p r o s e c u t e  t h e  s a i d  a p p e a l

t o  e f f e c t  a n d  s h a l l  p a y  a l l  c o s t s  i f  t h e  a p p e a l  i s  d i s m i s s e d  o r  

t h e  j u d g m e n t  a f f i r m e d  o r  s u c h  c o s t s  a s  t h e  UNITED STATES COURT OF 

APPEALS FOR THE F IFT H  CIRCUIT may a w a r d  a g a i n s t  t h e  s a i d

_________ P l a i n t i f f s  _____ __  I f  t h e  j u d g m e n t  i s  m o d i f i e d  o r  i n

a n y  o t h e r  e v e n t ;  t h e n  t h i s  o b l i g a t i o n  t o  b e  v o i d ;  o t h e r w i s e  t o  

r e m a i n  i n  f u l l  f o r c e  a n d  e f f e c t ;  w a i v i n g  a l l  h o m e s t e a d  a n d  e x e m p ­

t i o n  l a w s  o f  t h e  U n i t e d  S t a t e s  a n d  o f  t h e  S t a t e  o f  G e o r g i a  a n d  a l l  

o t h e r  S t a t e s .



723A
RELi.A.isroE i2srsurtA.3srcE company

H E A D  O F F I C E ,  P H I L A D E L P H I A .  P E N N S Y L V A N I A

POWER OF ATTORNEY
Know all men by these Presents, That the RELIANCE INSURANCE COMPANY, 

a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint

Harold B. Gunby and Tom Gunby, individually, of Atlanta, Georgia,

its true and lawful agent and Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and 
deed any and all bonds and undertakings, (except bonds guaranteeing the payment ot principal and interest of notes, mort­
gage bonds and mortgages) in its business of guaranteeing the fidelity of persons holding places of public or private 
trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other

takings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSUR­
ANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms ail that its said 
Attorney(s)-in-fact may do in pursuance hereof.

This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE 
COMPANY which became effective May 11, 1962, reading as follows:

ARTICLE VII
Execution of Bonds and Undertakings

SECTION 1. The Board o f D irectors, the President, o r any V ice-P resident or Assistant V ice-P resident shall have pow er and authority  to: 
(a) appoint A ttorneys-in-Fact and to authorize them to execute  on behalf of the Company, bonds and undertakings, recognizances, contracts of 
indem nity and other w ritings  ob liga tory  in the nature thereof, and (b) to remove any such A tto rney-in -Fact at any time and revoke the power 
and authority given to him.

SECTION 2. A ttorneys-in-Fact shall have power and authority, sub ject to the terms and lim ita tions  o f the power o f attorney issued to 
them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts  o f indem nity and o ther w ritings  o b lig ­
atory in the nature thereof. The corporate  seal is not necessary fo r the va lid ity  of any bonds and undertakings, recognizances, contracts o f indem nity 
and o ther w ritings ob liga tory  in the nature thereof.

In Witness Whereof, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its 
Vice-President, and its corporate seal to be hereto affixed.
This.................8 th ........  day of September .....  19.69..,

RELIANCE INSURANCE COMPANY
(SEAL)

STATE OF PENNSYLVANIA,
COUNTY OF PHILADELPHIA,

On this , ,8 th ........... day of ................. September ......................  , A.D. 1969 .before the subscriber, a
Notary Public of the State of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified,
came .H ,.H cD e rm Q tt..................  Vice-President of the RELIANCE INSURANCE COMPANY,
to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he 
acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the 
Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the 
said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority 
and direction of the said corporation, and that Article Vli Section 1 and 2 of the By-Laws of said Company, referred to 
in the preceding instrument, is now in force.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia 
the day and year first above written.

(NOTARIAL SEAL) ...............Irene M. Landis......
Notary Public.

My Commission Expires January 29, 1971

.J . H, ..McDermott....
Vice-President

I, ................. .........E. Clyde. W ilber ......................... . Assistant Secretary of the RELIANCE INSURANCE COMPANY,
do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said 
RELIANCE INSURANCE COMPANY, which is still in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this



724A
CLERK'S CERTIFICATE

UNITED STATES OF AMERICA )
) SS:

NORTHERN DISTRICT OF GEORGIA )

I, CLAUDE L. G02A, Clerk of the United States District 
Court in and for the Northern District of Georgia, do hereby 
certify that the foregoing and attached 7 * ^  pages contain 
the original record on appeal in the matter of:

ROSA A, HEAD and CLARA BELLE 
McCRARY, Individually and on 
behalf of ail others similarly 
s i tuat ed

vs
R. D. BLANKFNtY, Individually 
and as Superintendent of Schools 
of the Gainesville, Georgia, City 
School District; GAINESVILLo CITY 
BOARD JF EDUCATION; JACK E. imIX, 
Individually and as Georgia State 
Superintendent of Schools; and 
GEORGIA 3TA1 I HOARD wF EDUCATION

‘IN TESTIMONY UHbREOF, I hereunto subscribe my name 
and affix the se;al of the said District Court, at Gainesville 
Georgia, this M  day of September, 1970.

CLAUDE L. GCZA
Clerk, United States District Court 

Northern District of Georgia

iy- Mary Roper, Denuty Clerk

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