Memorandum: Background on Current Macon County Alabama School Integration Crisis

    PRESS RELEASE 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TOCOLUMBUS CIRCLE + NEW YORK19,N.Y. © JUdson 6-8397 
DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY 
President Director-Counsel Associate Counsel 

MEMORANDUM February 10, 1964 

TO: WORKING PRESS 

FROM: Jesse DeVore, Director, Public Information 

SUBJECT: Background on Current Macon County 
Alabama School Integration Crisis 

OPELIKA, ALA.--Federal District Court Judge Frank M. Johnson will 
hold a hearing here February 13 on a show cause motion as to why 
a preliminary injunction should not be issued to Macon County and 
Alabama State School Boards. 

The NAACP Legal Defense and Educational Fund will be rep- 
resented by Attorneys Charles Jones of New York City and Fred 
D.Gray of Montgomery. Here are the steps which set the stage: 

January 28, 1963: Legal Defense Fund attorneys filed a complaint 
against Macon County School Board, asking for desegregation of 
the county's public schools. 

July 16, 1963: Judge Johnson asked that the "United States be 
designated to appear and participate in all proceedings in this 
action in this court." 

He based his order on the "opinion that the public interest 
in the administration of justice, of law and order,’ was at stake 
and that "protection of the authority and integrity of the law- 
fully constituted courts of the United States," was needed. 

August 13, 1963: A hearing on a motion for preliminary injunc- 
tion was held in Federal District Court, Middle District of 
Alabama. 

August 22, 1963: The Court decreed that the Macon County Board 
of Education was to: 

* desegregate Macon County schools under the 
Alabama School Placement Law 

* submit its plan for such action by December 12th 

* have its chairman and superintendent of schools 
submit a progress report to the Court by Decem- 
ber 3rd. 

September 2, 1963: Negro students were slated to enter class in 
a peaceful community climate when Governor George C. Wallace is- 
sued an executive decree saying the Negroes could not enter. 

The Governor maintained that such action would cause har- 
assment. and violence and ordered the school opening postponed 
one week. 

Seotember 9, 1963: Shortly after, 13 Negro students entered 
Tuskegee Public School, on the high school level, and a white 
boycott occurred. 

The white students entered Shorter High in Shorter, Alabama, 
Macon County High, in Notasulga, and Macon Academy, a private 

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Background on Current Macon County -2- 
Alabama School Integration Crisis 

school in Tuskegee, leaving 13 Negro pupils and 13 teachers be- 
hind in the Tuskegee Public School. 

January 30,1964: The State Board of Education ordered the 
closing of Tuskegee Public School. 

February 3, 1964: Judge Johnson blocked the State Board and 
its president, Governor Wallace, in their attempt to again seg- 
gregate the entire Macon County school system by ordering the 
admission of the 12 Negro students (one had withdrawn) into 
the Macon County and Shorter high schools. 

STAGE NO}! SET FOR 
LATEST DEVELOPMENTS 

Governor Wallace and the State Board of Education had 
sought to close Tuskegee Public School from seventh grade up 
for "economic reasons." The Negro students were to be trans- 
ferred to Tuskegee Institute High School, a Negro school. 

At the same time, Governor Wallace sought to have white 
students, living in Tuskegee, bussed to their schools. 

Judge Johnson, responding to requests sought by NAACP Legal 
Defense Fund attorneys, last week ruled that six Negro students 
must enter Macon County High and six must enter Shorter High 
immediately. 

The Court agreed that Tuskegee Public School could be 
closed. 

This latest showdown, Monday, February 3rd, came when 
Negro students went to Tuskegee Public School, to find it 
closed by the Governor, The Negro pupils remained in Tuskegee 
Public School from September until January 31, 1963. 

They then, with assistance of NAACP Legal Defense Fund 
lawyers, applied for transfer to the two white schools nearby 
which are accommodating the white students of Tuskegee. 

NAACP Legal Defense Fund attorneys, backed up by a Friend 
of the Court brief of the U.S, Justice Department, moved for a 
temporary restraining order against Governor Wallace and the 
Macon County Board of Education. 

The Court's action followed almost immediately upon the 
Macon County Board's closing the Tuskegee Public School on 
February 3, 1964. 

As a result, Judge Johnson restrained Governor Wallace and 
the State Board of Education from: 

* preventing or interfering with students, teachers 
or authorized persons entering or leaving Macon 
County and Shorter high schools. 

¥ preventing or interfering with the Mecon County 
oard in approval of the students! transfers, the 

actual transfers and their enrollment at the two 
white schools, 

* hanassing or puntsheny students, teachers or 
authorized persons gttending the schools, 

_ §$tate and County Board members must also appeap ber 
fore Judge Johnson on February }3th to show cause why a pret 
liminary injunctign should not be issued against them. 

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Background an Current Macon County -3- 
Alabama School Integration Crisis 

Defense Fund attorneys active on this case were Fred D. 
Gray of Montgomery, Jack Greenberg, Constance Baker Motley 
and Charles H. Jones, all of the Fund's New York City head- 
quarters. 

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