Order Denying Extension for Filing

     [||8bf70717-7ec8-4651-af73-89e70747444e||] IN THE DISTRICT COURT OF THE UNITED STATES 

FOR THE WESTERN DISTRICT OF NORTH CAROLINA 

Charlotte Division 

Civil Action No. 1974 

  

    

JAMES E. SWANN, et al, Plaintiffs, ) 

) 
— ) 0 DIST. 

) dR pun 
THE CHARLOTTE-MECKLENBURG BOARD OF ) 

EDUCATION, et al, ) 
Defendants. ) 

On October 29, 199, the United States Supreme Court announced 

its decision in the Mined ssippi school case, Alexander v. Holmes 

County, Case No. 632. That decision, the most significant in this 

field since Brown v. Board of Education, peremptorily reversed an 

order of the Fifth Circuit Court of Appeals which, upon request 

of the United States Attorney General, had postponed until 1970 

the effective desegregation of thirty Mississippi school districts, 

and had extended from August ll to December 1,. 1969, their dead- 

line for filing desegregation plans. The Supreme Court held that 

the Court of Appeals 

  

*%* should have denied all motions for additional time 

because continued operation of segregated schools under 

a standard of allowing all deliberate speed for desegre- 

  

  

  
  
      

gation is no longer constitutionally permissible. Under 

explicit holdings of this Court, the obligation of every 

school district is to terminate dual school systems “at 
  

  

  

once and to operate now and hereafter only unitary schools. 

Griffin v. School Board, 377 U. S. 218, 234 (1964): Green 

v. School Board of New Kent County, 391 U. S. 430, 439, 

442 (1968) ." (Emphasis added.) 

  
  

  

  

The Supreme Court further directed the Fifth Circuit Court of Appeals 

to make such orders as might be necessary for the immediate start in 

each district of the operation of a "totally unitary school system for 

all eligible pupils without regard to race or color.” 

  

Tt is this court's opinion that the word "dual" in the Supreme 

Court opinion is another word for "segregated," and that "unitary" 

is another word for "desegregated" or "integrated." It is also 

this court's opinion that although, as defendants say, this is not 

Mississippi, nevertheless the Supreme Court's prohibition against 

extension of time as laid down in Alexander v. Holmes County is 

binding upon this court and this School Board, and bars the exer- 

cise of the court's usual discretion in such matters and that to 

allow the request of the defendants for extension of time to comply 

with this court's previous judgments would be contrary to the Supreme 

Court's. decision and should not be done. 

  
  

Therefcre, and based also upon the considerations set out in 

the memorandum opinion to be filed contemporaneously herewith, the 

motion of the defendants for extension of time for compliance with 

the court's August 15, 1969 order is denied. Ruling on all other 

pending mot:ons is deferred. | 

oY
 

O
 

* This the 7th day of Novembeyps /19 

Vane. VS 
/. James B. McMillan 

nited States District Judge [||8bf70717-7ec8-4651-af73-89e70747444e||]