Chambers v. Hendersonville City Board of Education Appendix to Appellants' Brief

    I n  t h e

Intteft States (Emtrt of Appeals
F ob t h e  F o u rth  C ircu it  

No. 10,379

Grace C h a m ber s , et al.,
Appellants,

T h e  H en derson ville  C it y  B oard of E d u catio n , 
a public body corporate,

Appellee.

APPENDIX TO APPELLANTS’ BRIEF

C onrad  0 .  P earson
203% East Chapel Hill Street 
Durham, North Carolina

R u ben  J . D ailey
46 South Market Street 
Asheville, North Carolina

R obert L . H arrell  
13% Eagle Street 
Asheville, North Carolina

J . L evon n e  C h am bers
405% East Trade Street 
Charlotte, North Carolina

J ack  G reenberg
D errick  A. B e ll , J r .
M elvyn  Z arr

10 Columbus Circle
New York, New York 10019

Attorneys for Appellants



INDEX TO APPENDIX

Complaint....................................... -...............................  la

Answer .................................   8a

Letter Dated July 26, 1965 from North Carolina
Supervisor of Certification   .........................—-  20a

Interrogatories ......................................................   21a

Answers to Interrogatories .........................................  24a

Exhibit A Annexed to Answers to Interroga­
tories ....................................................................  37a

Letter from Judge Craven to All Counsel of Record, 
dated September 3, 1965 ................ .... .............-  40a

Memorandum Report to Judge Craven from Counsel
for Defendant Board .............— .............— ...........  44a

Resume of Negro Teachers

Grace Chambers ............................... -...............- 53a

Laura Cooke Dusenbury ---------------------     62a

Hannah Logan Edwards ........................     66a

Annie R. Fow ler................................ ........—  70a

Doris Y. Greene ...............................        84a

Claude Hostler _______ __________ _________- 90a

Loree Griffin Jackson_____ ___ ____ ___-.........  94a

Lemuel Carl Jones, Jr.............................     98a

PAGE



Vanbureau H, Marsh ............. ......... -.... -.........  101a

Addie M. Miller ................................ ................. 105a

Mary Valentine Mims .............................. ........  108a

Evelyn D. Petty ............ ......................... ........ . 112a

Eva Robinson Pilgrim ............................ ...........  116a

Elizabeth Y. Roberts ........... ......................... . 119a

Thelma S. Robinson ...... ............ ..................... . 122a

Louise A. Robinson .................... ...... ..... ........  126a

Odell M. Rouse ...................................... ........ . 129a

Mary Ann H. White ........... ...... .................... . 134a
Doris T. Wigfall ............. ................................ 137a

Carrie Mae Work ___________ _____________ 141a

Teacher Roster and Qualifications ......... ......... ...  148a

National Teacher Examination Requirements .... 151a

National Teacher Examination Scores ......... .....  153a

Hendersonville Credit Bureau Rating Report .... 159a

Memorandum Decision ....................— ................... 164a

Judgment ----------- ------ ---- ---------- ---- ------------- --- -----  178a

Notice of Appeal and Designation of Record ........... 179a

ii

PAGE



I ll

T estim o n y

Transcript of Proceedings August 19, 1965 ..............  181a

Plaintiffs’ Witnesses 

Hugh D. Randall
Direct  ............... - ............................................... 183a
Cross ................ -......................... -........................ 216a
Redirect ..............................................................  225a

Elliot R. Palmer
Direct: Testimony of Witness in trial of 

Buford v. Morganton City Board of 
Education, Civil No. 523 (W.D.N.C.) 
of August 18, 1965, pp. 125-150
Introduced by Stipulation .... .. 236a

Cross ...................................................-................ 227a

Mrs. Grace Chambers
Direct ........................... -............-........................- 228a

Mrs. Mary Ann White
Direct ................ -................................................  230a

Miss Doris Y. Green
Direct   ..................... —-.........................-.......-  231a

Transcript of September 22, 1965 .............. - ............. 257a

Defendants’ Witnesses 

Hugh D. Randall
Direct ................................-........... ..............—....  263a
Cross ........................ -........................ - ................ 264a

L. B. Prince
Direct .................................................. -.............. 281a
Cross .................................................................... 281a

PAGE



IV

Plaintiffs’ Witnesses 

George Wilkins
Direct ..................................................................  291a

Henry Brookshire, Jr.
Direct ...................................................... ...........  302a

Edgar Rudisell
Direct .................   309a

Hugh Lockaby
Direct .....      313a

Hugh D. Randall
Direct (Recalled) ................................    316a

Mrs. Evelyn D. Petty
Direct .....................          353a

Mrs. Loree G. Jackson
Direct ..................        358a

PAGE



In t h e

Untteii StBtrirt (Enurt
F oe t h e  W estern  D istrict  of N orth  Carolina  

Asheville Division 

Civil Action No. 2388

G race C h am bers , D oris Y von n e  G reene , M ary  A n n  W h ite  
and  T h e  N orth  C arolina  T eachers A ssociation , a 
co rp ora tion ,

Plaintiffs,
-v.-

T h e  H endersonville  C it y  B oard of E d u catio n , 
a public body corporate,

Defendant.

Complaint

I

The jurisdiction of this Court is invoked pursuant to 
Title 28, U. S. C. §1343(3), this being a suit in equity 
authorized by law, Title 42 U. S. C. §1983, to be commenced 
by any citizen of the United States or other person within 
the jurisdiction thereof to redress the deprivation under 
color of statute, ordinance, regulation, custom or usage of 
a State of rights, privileges and immunities secured by 
the Constitution and the laws of the United States. The 
rights, privileges and immunities sought herein to be re­
dressed are those secured by the Due Process and Equal 
Protection Clauses of the Constitution of the United States.



2a

Complaint

II

This is a proceeding for an injunction, enjoining the 
Hendersonville City Board of Education, its members and 
its Superintendent from continuing the policy, practice, 
custom and usage of discriminating against the individual 
plaintiffs, members of plaintiff organization and other 
Negro citizens of the City of Hendersonville because of 
race or color, and from dismissing or attempting to dis­
miss or refusing to hire teachers and other professional 
school personnel, teaching in the Hendersonville City 
School System, on account of race or color, and for other 
relief as hereinafter more fully appears.

III
The plaintiffs in this case are Mrs. Grace Chambers, 

Miss Doris Yvonne Greene, Mrs. Mary Ann White and 
the North Carolina Teachers Association, a corporation.

The individual plaintiffs are all members of the Negro 
race, citizens of the United States and the State of North 
Carolina, residing in Henderson County, and qualified to 
teach and taught during the past school term in the ele­
mentary and high schools of Hendersonville City which 
are under the jurisdiction, management and control of 
defendant Board. Said plaintiffs are also members of the 
North Carolina Teachers Association.

Plaintiff North Carolina Teachers Association is a pro­
fessional teachers association, organized as a private, non­
profit, membership corporation pursuant to the laws of 
the State of North Carolina. The Association has a mem­
bership of approximately 12,500, most of whom are Negro 
teachers, teaching in the public schools of North Carolina, 
including the Hendersonville City Public School System.



3a

One of its objectives is to support the decisions of the 
United States Supreme Court on segregation in public 
education and to work for the assignment of students to 
classes and teachers and other professional personnel to 
professional duties within the public school system with­
out regard to race, and to work against the discrimination 
in the selection of such professional personnel. Plaintiff 
Association is the medium by which its members express 
their views on issues affecting public education and their 
employment. By virtue of this group association individual 
members are enabled to express their views and to take 
action with respect to controversial issues relating to racial 
discrimination. The Association asserts here the right of 
its members not to be hired, assigned or dismissed on the 
basis of their race or color.

Complaint

IV
The defendant in this case is the City of Hendersonville 

Board of Education, a public body corporate, organized 
and existing under the laws of the State of North Carolina. 
The defendant Board maintains and generally supervises 
the public schools of the City of Hendersonville, North 
Carolina, making assignment of students, hiring, assign­
ing and dismissing teachers and professional personnel 
pursuant to the direction and authority contained in the 
State’s constitutional and statutory provisions. As such, 
the Board is an arm of the State of North Carolina, enforc­
ing and exercising State laws and policies.

V
Defendant, acting under color of authority vested in it 

by the laws of the State of North Carolina, has pursued



4a

and is presently pursuing a policy, practice, custom and 
usage of operating tlie Public School System of Henderson­
ville, North Carolina, on a basis that discriminates against 
plaintiffs because of race or color, to wit:

1. Defendant has in the past and is presently hiring, 
assigning and dismissing teachers and professional school 
personnel solely on the basis of race or color.

2. In seeking to eliminate its racially discriminatory 
assignments of students, defendant has adopted a plan 
which converts the formerly all-Negro Ninth Avenue 
School from a school serving grades 1 through 12 into a 
Junior High School serving both white and Negro students. 
The remaining Negro pupils are assigned to other, formerly 
all-white schools.

3. Effective with the conversion of the formerly all- 
Negro Ninth Avenue School into a Junior High School 
serving both white and Negro pupils, defendant, pursuant 
to its policy, practice and custom of assigning Negro teach­
ers and professional personnel according to their race or 
color, has dismissed and refused to rehire individual plain­
tiffs and other Negro teachers and professional personnel 
solely because of their race and color.

4. Defendant proposes to continue its racially discrim­
inatory policies and practices of hiring, assigning and dis­
missing teachers and professional school personnel.

VI
The individual plaintiffs and the North Carolina Teach­

ers Association seek here the elimination of all racially

Complaint



Complaint

discriminatory practices of defendant Board, including its 
policy of hiring, assigning and dismissing teachers, prin­
cipals, and professional school personnel on the basis of 
race or color. Plaintiffs further seek the reorganization 
of the school system into a unitary nonraeial system where­
in the educational opportunities and employment offered 
by the defendant are made available to students, teachers 
and professional school personnel without regard to race 
or color, wherein there are no racial designations in the 
employment and assignment of teachers, principals and 
other professional school personnel, and wherein school 
plans, operation, and all school activities are free from 
racial designation and restrictions.

VII
The individual plaintiffs and the North Carolina Teach­

ers Association and its members have made reasonable 
efforts to communicate their dissatisfaction with defen­
dant’s racially discriminatory practices, but without effect­
ing any change. The individual plaintiffs and the North 
Carolina Teachers Association are irreparably injured by 
the acts of defendant complained of herein. The continued 
racially discriminatory practices of defendant in hiring, 
assigning and dismissing teachers and professional per­
sonnel violate the rights of plaintiffs and other Negro citi­
zens secured to them by the Due Process and Equal Pro­
tection Clauses of the Fourteenth Amendment to the 
Constitution of the United States, and Title 42 U. S. C. 
§§1981, 1982 and 1983.

The injury which the individual plaintiffs and the North 
Carolina Teachers Association and its members suffer as 
a result of the actions of the defendant is and will con­



6a

tinue to be irreparable until enjoined by this Court. Any 
other relief to which plaintiffs could be remitted would be 
attended by such uncertainties and delays as to deny sub­
stantial relief, would involve a multiplicity of suits, cause 
further irreparable injury and occasion damage, vexation 
and inconvenience to the individual plaintiffs and the North 
Carolina Teachers Association and its members.

W h e r e f o r e , plaintiffs respectfully pray that this Court 
advance this cause on the docket and order a speedy hear­
ing of the action according to law and, after such hearing, 
enter an order enjoining the defendant, its agents, em­
ployees and successors and all persons in active concert 
and participation with them from dismissing individual 
plaintiffs and other Negro teachers and professional school 
personnel and refusing to consider re-employment of indi­
vidual plaintiffs for the 1965-66 school year and subsequent 
school years because of racial considerations, from main­
taining a biracial system of hiring, assigning, re-employing 
and dismissing* plaintiffs and corporate plaintiff’s mem­
bers, from failing to initiate a specific unitary nonracial 
teacher employment, re-employment and assignment plan 
to govern the 1965-66 school year and subsequent school 
years, and from continuing any other practice, policy, cus­
tom or usage on the basis of race or color.

Plaintiffs further pray that this Court retain jurisdic­
tion of this cause pending full and complete compliance 
by the defendant with the order of this Court, that the 
Court will allow plaintiffs their costs herein, reasonable 
counsel fees and grant such other, further and additional

Complaint



7a

or alternative relief as may appear to tlie Court to be 
equitable and just.

Respectfully submitted,

R eu ben  J . D ailey

R obert L . H arrell 
13% Eagle Street 
Asheville, North Carolina

C onrad O. P earson

2031/2 East Chapel Hill Street 
Durham, North Carolina

J . L evonne  C ham bers

405% East Trade Street 
Charlotte, North Carolina

J ack  G reenberg

D errick  A. B ell , J r .
10 Columbus Circle 
New York, New York 10019

Attorneys for Plaintiffs

Complaint



8a

The Defendant, The Hendersonville City Board of Ed­
ucation, answering the Complaint of the Plaintiffs herein 
filed by way of Notion to Dismiss their cause of action 
as to certain Plaintiffs, Motion to Dismiss their cause 
of action as to all Plaintiffs, and by way of Pleas in Bar 
Answer to the Complaint on its Merits, and by way of 
Further Answer and Defense and affirmative relief, alleges 
and says:

F irst  D efense

That the matters and things complained of were all set 
out almost in the same language and the relief sought, 
again almost in the same language, was set out and sought 
in the Civil Action File No. 2182, Rhonda E. Williams 
et al. vs the Hendersonville City School Board (error in 
name waived and action defended in proper name of 
Defendant) in which action an order was issued approv­
ing the plan of operation of the schools by the Defendant 
and the cause was retained for motion of either party; 
that the Plaintiffs as a class were the same and the Defen­
dant was the same and the relief sought was the same;

This Defendant Pleads in Bar of this suit as a class 
suit that the identical causes of action and remedies sought 
for the class is now pending before this court in the case 
referred to as Civil Action No. 2182.

S econd  D efense

That the Defendant alleg*es that if any of the individual 
Plaintiffs have causes of action, which is specifically de­
nied as is hereinafter set out, then each such cause of 
action constitutes a separate cause of action for each 
individual Plaintiff for that the qualifications of that

Answer of Defendant, The Hendersonville City-
Board o f Education



9a

teacher and the defenses are individual as to each Plaintiff 
as to the needs of the schools and the desirability or suit­
ability of such individual for any employment available.

This attempt to combine as a class action a number of. 
individual causes is objected to as being as unauthorized 
procedure and this is pleaded in bar to the maintenance 
of this suit.

T hird  D efense

1. That the allegations contained in Paragraph I of 
the Complaint seem to be true as a statement of law in so 
far as they relate to any separate individual cause of 
action. The Defendant concedes that this Court has juris­
diction which it has exercised and retained in Civil Action 
No. 2182 as alleged therein if the factual situation should 
support the allegations raising the constitutional question. 
As to this, the Defendant says that the facts do not sup­
port this allegation and for this reason these allegations 
are denied.

2. That the allegations contained in Paragraph II are 
untrue and the same are therefore denied.

3. It is admitted that the individual Plaintiffs are mem­
bers of the Negro race and that they were employed by 
the Defendant on recommendation of the Superintendent 
to serve the Ninth Avenue School (Negro) among' the 
number allocated to that school by the State of North 
Carolina all as required by the laws of the State of North 
Carolina which this Defendant considers controlling except, 
if, when and as they are superceded by the laws promul­
gated by the Federal Judiciary relating to the operation 
of Public Schools.

Answer of Defendant, The Hendersonville City
Board of Education



10a

The individual Plaintiffs were in the opinion of the 
Superintendent the best that could be obtained at the time 
of their employment.

This Defendant does not know whether or not the cor­
porate Plaintiff is authorized to sue in an action of this 
type and for the lack of this information emphasized by 
its failure to allege its right to sue it is denied that the 
corporate Plaintiff has the legal right to bring such a suit 
as this and this suit as to it should be dismissed.

4. That the allegations contained in Paragraph IV are, 
for the purpose of this action, not denied although they 
appear to be largely conclusions of law.

5. That the allegations contained in Paragraph V are 
untrue and are denied.

6. The matters and things set out in Paragraph VI 
allege a factual situation that does not exist in this school 
system and are denied.

7. The first communication to this Board relative to 
Plaintiffs dissatisfaction was a telephone call to its chair­
man from a newspaper reporter, Jay Hensley, of the 
Asheville Citizens informing* him of the suit. The other 
allegations are also untrue and are denied.

F o u rth  D efense

That the following is a verbatum extract copy of the 
“Fourth Defense” and Prayer as contained in Civil Action 
No. 2182—Williams et al. v. Board now pending as a 
retained cause in this court. It now appears that the in­

Answer of Defendant, The Hendersonville City
Board of Education



11a

terests sought to be served would be best met by the fol­
lowing policy:

(a) Permit the Defendant to accept all qualified appli­
cants residing in the Hendersonville School District who 
apply for admission to Eighth Avenue High School during 
the month of April, 1964, for the school term 1964-65 or 
if the Defendant considers best to require all students 
residing in this district who attend high school to attend 
Eighth Avenue School and end the operation of the Ninth 
Avenue High School with students from outside the dis­
trict being left to the appropriate boards responsible for 
districts of residence of such students.

(b) Permit the Defendant to continue to operate the 
elementary school of Ninth Avenue School as it is presently 
operated as to residence of students and with the approval 
of the appropriate boards of jurisdiction and to require 
all Negro students from districts now being served by 
said school to attend this school for the school term 1964- 
1965.

W herefore the Defendant p r a y s :

(1) That the causes of action asserted by the Plaintiffs, 
Doris Parks, Brenda Copeland and Jerome Williams, be 
dismissed.

(2) That the causes of action asserted by all the Plain­
tiffs be dismissed.

(3) That Defendant be authorized to operate the schools 
of the Hendersonville School District as is set out in De­
fendant’s Further Answer and application for affirmative 
relief until further orders of this Court.

Answer of Defendant, The Hendersonville City
Board of Education



12a

(4) That this cause be retained to issue such other and 
further orders as may be necessary to enable Defendant 
to accomplish the policy set out.

(5) That Defendant recover its costs.

(6) For such other and further relief as to the Court 
may seem mete and just both in law and in equity.

That the following is a verbatum copy of the order in 
said case.

Answer of Defendant, The Hendersonville City
Board of Education

O R D E R

UNITED STATES DISTRICT COURT

F or t h e  W estern  D istrict  of N orth  Carolina  

A sh eville  D ivision  

C iv il  A ction  # 2 1 8 2

R hon da  K. W il l ia m s , et al.,

vs.
Plaintiffs,

T h e  H endersonville  C it y  S chool B oard, 
a public body corporate,

Defendant.

The above captioned civil action coming on for hearing 
on the pleadings and on oral stipulations of counsel, and 
it appearing to the Court from the pleadings, and stipula­
tions, that the Hendersonville City Board of Education 
has proposed, in the formal Answer filed in the Court, in



13a

substance that all of the Plaintiffs and any other like- 
minded Negro students within the jurisdictional limits of 
the Hendersonville school system, be admitted to any school 
of their choice for which the applicant may be qualified 
(without regard to race), beginning with the school year 
1964-65, provided only that all such persons who desire to 
transfer into another school make application for the trans­
fer by May 1, 1964. Nothing contained herein shall be 
deemed to require these particular Plaintiffs to make addi­
tional or other application for transfer for the school year 
1964-1965.

It appearing to the Court and the Court being of the 
opinion that the proposal of the School Board contained 
in its formal Answer resolves the controversy and makes 
all of the issues arising on the pleadings moot and that 
action by the school board in good faith, in compliance 
with its proposal will have the practical effect of grant­
ing to Plaintiffs and all other like-minded persons of their 
race, the relief sought in the complaint;

Now THEREFORE, IT IS ORDERED, ADJUDGED AFTD DECREED that
the cause be retained on the inactive docket, to be brought 
up on motion of either party, for such other and further 
proceedings, if any, as may seem just and proper.

At the end of five (5) years from the date of this Order, 
if no motion has been filed by either party, the same will 
be automatically dismissed by the Clerk.

This 2nd day of April, 1964.

s / J. B. Craven, Jr.
J. B. Craven, Jr. Chief
United States District Judge

(Sealed)

Answer of Defendant, The Hendersonville City
Board of Education



14a

That in compliance with said court approved plan and 
in conforming to the general plan required by the Federal 
Judiciary in various constructions of the Constitution this 
Defendant has done and accomplished the following:

1. Accepted all applicants for transfer in High School 
as provided in the plan for the school year 1964-1965.

2. Accepted all applicants for transfer in the Elementary 
Schools for the school year 1964-1965.

(a) This was in addition to the provisions of the 
said court approved plan as this Defendant had 
already decided to follow this policy in its efforts 
to accord to the Negro pupils their constitutional 
rights. This Defendant in its answer initiated 
the Policy of Freedom of Choice as a privilege 
and not a compulsion— (N. B.) This position 
has recently been upheld by the 4th Circuit Court 
of Appeals.

3. Adopted a policy of complete integration and elimi­
nated the only Negro School in its district (or in 
Henderson County) and assigned all students under 
its jurisdiction by grades to the other schools under 
its control—

(a) This was in addition to the provisions of the said 
plan—the Board decided that there were so few 
pupils left in high school that an adequate school 
could not be operated and followed this policy 
with the elementary school also.

4. Procured through the City the enactment of Local 
Legislation (Senate Bill 464) to add another member

Answer of Defendant, The Hendersonville City
Board of Education



15a

to the City Board of Education in order to have a 
Negro appointed so that the Negroes would have 
representation at the Board and procured the appoint­
ment of Reverend H. L, Marsh, a Negro identified 
with the leadership of the Civil Rights Movement 
in Hendersonville, as a member of Defendant Board. 
His term of office began after the defense of this 
suit was authorized by the Board.

5. Employed Negro teachers to serve two purposes:

(a) To have Negro representation at the Teacher 
level.

(b) To provide employment for as many of the dis­
placed Negro teachers as could be done in good 
conscience consistent with the obligation of the 
Board. This was done not necessarily because 
they were Negro but because they were employees 
of the School System who had lost their jobs as 
a result of the social progress of integration 
and any employer owns this duty to employees 
and because it w-as thought this would be to the 
best interest of the School.

(c) Sought thru the Superintendent to find places 
for others he could recommend.

F if t h  D efense

By way of further answer and defense and seeking 
affirmative relief the Defendant says:

1. That this Defendant employed every teacher recom­
mended by the Superintendent and that the individual

Answer of Defendant, The Hendersonville City
Board of Education



Plaintiffs were not recommended for employment for 
that (as Defendant is informed):

(a) As to the Plaintiff Chambers: she is certified to 
teach English or French and there was no va­
cancy in either field for which she was qualified 
and for other good and sufficient reasons.

(b) As to Plaintiff Greene: she is a first year teacher 
with a probationary certificate because of her 
failure to make the minimum grade on the Na­
tional Teachers Examination.

(c) As to Plaintiff White: she is a first year teacher 
with a probationary certificate because of her 
failure to make the minimum grade on the Na­
tional Teachers Examination.

2. This Board has never undertaken to control the teach­
ing or the selection of teachers. It is perhaps because 
teachers are employed without extraneous factors 
that Hendersonville has such excellent teachers and 
such an excellent school system.
The Hendersonville Elementary School System was 
accredited during the past year by the Southern 
Association of Schools and Colleges. The employ­
ment of teachers with less than an unconditional A 
Certificate will jeopardize that accreditation as it is 
a violation of permissible standards. The proba­
tionary certificates of Plaintiffs Greene and White 
do not meet these standards.

3. The schools were operated during 1964-65 with every 
Negro who so desired being admitted and taking

Answer of Defendant, The Hendersonville City
Board of Education



17a

part in every facet of school activities and have been 
operated in such a manner that there has been no 
objectionable incident of any kind to any extent what­
ever ; perhaps as successfully as any school anywhere 
and resulting in all that could be desired.

4. No teacher has ever been employed on any basis ex­
cept the qualifications of that teacher as an individual 
and the need of the school.

5. This Board and the School People here would like 
to establish, maintain, and stabilize an educational 
atmosphere to the end that it be enabled to carry 
out its mission to educate adequately the pupils (of 
every race) for whose educational welfare it is re­
sponsible.

6. This Board and the School People have never engaged 
in racial discrimination and will not; its professional 
personnel have been and will be employed without 
regard to race and based only on the qualifications 
of the individual and the need of the school. This 
policy was adopted with the concurrence of the Super­
intendent whose recommendation is a prerequisite to 
employment by the Board under the present State 
Law.

7. The State of North Carolina allotted the number of 
teachers and pays them. As a result of the elimina­
tion of the Negro School and removal of a number 
of pupils from the jurisdiction of this Board there 
have been allotted to this District Nine Fewer

Answer of Defendant, The Hendersonville City
Board of Education



18a

Teachers than for the year 1964-1965. Sixteen Negro 
teachers were allotted to the Ninth Avenue School 
(plus two additional for High School) for the year 
1964-1965. Nine fewer were allotted for the year 1965- 
1966 to the School System. Seven Negroes were 
employed.

8 The Board has no tax levying authority and no funds 
to pay State allotted teachers so that any order to 
employ these individual Plaintiffs must necessarily 
be directed against the State because the pay for 
these teachers would have to come from the State.

9. This is the Second law suit to which this Board has 
been subjected and it would he helpful to the opera­
tion of the schools if an appropriate order be issued 
by this Court requiring these complaints and future 
complaints, if any, to he brought up on motion in 
the presently pending Civil Action No. 2182.

W herefore  the Defendant prays:

1. That this action be dismissed as to individual 
Plaintiffs.

2. That this action be dismissed as to all the Plain­
tiffs.

3. That an order he issued requiring further com­
plaints in this field of a similar or companion 
nature be brought up in Civil Action No. 2182 
Williams v. Board.

4. That, if an order is extended requiring this 
Board to employ the individual Plaintiffs, it

Answer of Defendant, The Hendersonville City
Board of Education



19a

Answer of Defendant, The Hendersonville City 
Board of Education

include an order to the State of North Carolina 
to pay them.

5. For its costs.

6. For such other and further relief as to the 
Court may seem mete and just both in law and 
in equity.



20a

Letter Dated July 26, 1965 from North Carolina 
Supervisor of Certification

DEPARTMENT OF PUBLIC INSTRUCTION

[e m b l e m ] S tate of N orth  C arolin a  R aleigh

July 26, 1965

Mrs. Mary A. H. White 
822 Seventh Avenue West 
Hendersonville, North Carolina

Dear Mrs. White:

Re: Cert. No. 467082

The Probationary “A ” Certificate which has been issued 
for you will in no way jeopardize the rating of any school 
in which you may be employed. The certificate carries 
exactly the same value as a five-year class “A ” certificate 
and such a certificate will be issued for you as promptly 
as possible after you raise the score on the weighted com­
mon National Teacher Examination to as much as 450.

With best wishes, I am

Sincerely yours,

/ s /  M ary  A lice  P oor

(Mrs.) Mary Alice Poor 
Supervisor of Certification

MAP/fb



21a

To: Arthur S. Shepherd, Esq.
First Federal Building
Hendersonville, North Carolina

Plaintiffs request that the defendant, the Hendersonville 
City Board of Education, answer under oath in accordance 
with Rule 33 of the Federal Rules of Civil Procedure, the 
following interrogatories:

1. Please list for each public school in the Henderson­
ville School District for the 1965-66 school year:

(a) Grades served in each school;
(b) Number of Negro pupils assigned to each school 

as of the most recent date for which figures are 
available;

(c) Number of white pupils in attendance at each 
school as of the most recent date for which 
figures are available;

(d) The planned pupil capacity of each school;

(e) Average class size for each school;
(f) Number of Negro teachers and other adminis­

trative or professional personnel employed at 
each school during the 1964-65 school year;

(g) Number of Negro teachers and other adminis­
trative or professional personnel employed at 
each school for the 1965-66 school (most recent 
available figures);

(h) Number of white teachers and other adminis­
trative or professional personnel employed at 
each school during the 1964-65 school year;

Interrogatories



22a

(i) Number of white teachers and other adminis­
trative or professional personnel employed at 
each school for the 1965-66 school year.

2. List the course offerings or curriculum for each 
school during the 1964-65 school year.

3. List the course offerings or curriculum planned for 
each school during the 1965-66 school year.

4. Please list for each school in the Hendersonville 
School District for the 1964-65 School year:
(a) The name, educational training, and years of ex­

perience of each teacher and administrative or 
professional personnel;

(b) The course or courses taught by each teacher

5. Please state for each school in the Hendersonville 
School District for the 1965-66 school year:
(a) The name of each teacher administrative and 

professional personnel whose contract was re­
newed for the 1965-66 school year;

(b) The name, educational training, years of experi­
ence, and course or courses to be taught by each 
teacher, administrative or professional person­
nel, who was employed for the first time by the 
Board for the 1965-66 school year ;

(c) The reason or reasons for not renewing the con­
tract of each teacher, administrative or profes­
sional personnel who was employed by the School 
Board during the 1964-65 school year and not 
during the 1965-66 school year;

Interrogatories



23a

Interrogatories

6. State the number and position of each teacher admin­
istrative or professional vacancy, if any, to be filled 
by the Board for the 1965-66 school year.

7. State whether the Board has adopted a policy or 
resolution providing for employment and assignment 
of all teachers, principals and professional personnel 
on a nonracial basis.



24a

Answers to Interrogatories

Bruce
Drysdale Rosa Edwards

(a) Grades 1-3 Grades 4-5

(b) 88 64

(c) 387 256

(d) 475 320

(e) 26 26

(f) none none

(g) 2 2

(h) 24 18

(i) 22 14

As prescribed As prescribed
by law for by law for
grades one grades five
through 4 through seven

As prescribed As prescribed
by law for by law for
grades one grades four
through three and five

Junior High
Hendersonville
High

Grades 6-8 Grades 9-12

70 59

413 516

483 575

26 26
24 none

none 2

none 39

22 33

As prescribed 
by law for 
grades one 
through eight, 
see Exhibit A 
attached

As prescribed 
by law for grade 
eight, see Ex­
hibit A  attached

As prescribed 
by law for 
grades six 
through eight

See Exhibit B 
attached



25a.

Answers to Interrogatories

4. (a) and (b)
Bruce Drysdale School

George Wilkins, Administrative Certificate, 10 years, 
Principal

Mrs. Ella Lee Arledge, Class A Primary Certificate, 6 
years, Third Grade

Mrs. Ruth Ashby, Class A  Primary Certificate, 11 years, 
First Grade

Mrs. Betty J. Baker, Class A  Grammar Grade Certifi­
cate, 2 years, Second Grade

Mrs. Elizabeth Bennett, Class A  Grammar Grade Certif­
icate 25 years, Third Grade

Mrs. Isabel C. Brace, Class A  Primary Certificate, 3 
years, First Grade

Miss Jan C. Hipps, Class A  Primary Certificate, 1 year, 
Fourth Grade

Mrs. Martha P. Coston, Class A Primary Certificate, 2 
years, Third Grade

Mrs. Frances B. Hefner, Class A Grammar Grade Cer­
tificate, 9 years, Fourth Grade

Miss Elaine Henderson, Class A  Grammar Grade Cer­
tificate, 1 year, Fourth Grade

Mrs. Margaret K. King, Class A  Grammar Grade Cer­
tificate, 4 years, Second Grade

Mrs. Irene E. Miller, Class A. Grammar Grade Certifi­
cate, 9 years, Fourth Grade

Mrs. Lula W. Miller, Class A Primary Certificate, 11 
years, Second Grade

Mrs. Annie D. Nelon, Class A Grammar Grade Certifi­
cate, 10 years, Third Grade

Miss Estelle M. Pace, Class A Grammar Grade Certifi­
cate, 19 years, Fourth Grade



26a

Mrs. Adelene Parmele, Class A  Grammar Grade Certif­
icate, 3 years, Second Grade

Miss Louise Perry, Class A Grammar Grade Certificate, 
36 years, Third Grade

Mrs. Thelma J. Pittman, Class A Primary Certificate, 
7 years, First Grade

Mrs. Pauline B. Poplin, Class A Music Certificate, 1 
year, Music

Mrs. Jean B. Randall, Class A  Primary Certificate, 11 
years, First Grade

Mrs. Ann Richardson, Class A Librarian Certificate, 3 
years, Librarian

Miss Katherine Shepherd, Class A Special Education 
Certificate, 9 years, Speech

Miss Syretha Sossamon, Class A Primary Certificate, 
36 years, Second Grade

Miss Edna Sronce, Class A Primary Certificate, 39 
years, First Grade

Rosa Edwards School

H. S. Brookshire, Jr., Administrative Certificate, 6 
years, Principal

Mrs. Mary L. Beach, Graduate Elementary Certificate, 
2 years, Sixth Grade

Miss Carole Byrd, Class A Grammar Grade Certificate, 
1 year, Sixth Grade

Mrs. Elouise Dellinger, Class A Grammar Grade Cer­
tificate, 14 years, Fifth Grade

Mrs. Elizabeth Fletcher, Class A Primary Certificate, 
13 years, Fifth Grade

Miss Louise Grissom, Class A Certificate Unlimited, 20 
years, Sixth Grade

Answers to Interrogatories



27a

Mrs. Frances Holly, Class A Librarian Certificate, 1 
year, Librarian

Miss Gayle Hughes, Class A Primary Certificate, 1 year, 
Fifth Grade

Miss Judy Ann Robinson, Class A  Music Certificate, 1 
year, Music

Mrs. Ruth P. Jones, Class A Social Studies Certificate, 
10 years, Seventh Grade

Mrs. Shirley Laughter, Class A  Grammar Grade Certif­
icate, 1 year, Sixth Grade

Mrs. Louvenia Martin, Graduate Elementary Certifi­
cate, 8 years, Sixth Grade

Miss Evelyn MePheters, Class A Grammar Grade Cer­
tificate, 8 years, Fifth Grade

Miss Irene Mitchell, Class A  Grammar Grade Certifi­
cate, 9 years, Fifth Grade

Mrs. Phoebe Rollins, Class A Social Studies Certificate, 
3 years, Seventh Grade

Mrs. Anna P. Shipman, Graduate Certificate Unlimited, 
24 years, Seventh Grade

Mrs. Sara G. Stewart, Class A  Certificate, English and 
Spanish, 3 years, Seventh Grade

Mrs. Nina J. Todd, Graduate Certificate, French and 
English, 11 years, Seventh Grade

Hendersonville High School

R. Hugh Lockaby, Administrative Certificate, 14 years, 
Principal

Miss Myra A. Williamson, Class A English Certificate, 
1 year, English

Mrs. Mary Atkins, Class A  Commerce and History Cer­
tificate, 6 years, Commerce

Ansivers to Interrogatories



28a

Mr. A. A. Atkins, Class A English and History Certifi­
cate, 6 years, World Hist., Eng.

H. H. Blankenship, Graduate Science, French and Phys­
ical Education Certificate, 7 years, Physics and 
Chemistry

Mrs. Mildred Brown, Class A Social Studies Certificate, 
9 years, American History

Roberts N. Brown, Class A  Economics and Math Certif­
icate, 5 years, World History and Economics

Harold Cline, Class A Physical Education and General 
Science Certificate, 11 years, Physical Education and 
General Math

Mrs. Christine Croft, Class A English and French Cer­
tificate, 12 years, English

William G. Day, Vocational A Certificate, 3 years, Dis­
tributive Education

Miss Lois M. Gibbs, Graduate Spanish and English Cer­
tificate, 3 years, Spanish

Miss Geraldine Hensley, Graduate Physical Education 
and Science Certificate, 10 years, Physical Education

Mrs. Ellen Hobbs, Class A English, Art and Social 
Studies Certificate, 9 years, Art

Joe T. Hunt, Graduate Physical Education and Social 
Studies Certificate, 1 year, Athletic Director

Kenneth B. Hysong, Class A Math Certificate, 4 years, 
Math

Mrs. Martha Irving, Class A Music Certificate, 3 years, 
Music

Mrs. Cecil S. Kessler, Class A Librarian Certificate, 20 
years, Librarian

Dale Lappin, Class A French and Art Certificate, 6 
years, French

Answers to Interrogatories



29a

John G. Livingston, Class A  Industrial Arts Certificate, 
3 years, Industrial Arts

Earl Martin, Class A  Music Certificate, 16 years, Band 
Miss Sara E. Oates, Class A Latin and Math Certificate, 

3 years, Latin and Business Math 
Thomas E. Orr, Class A English and Social Studies Cer­

tificate, 3 years, English
Mrs. Rosalind Pardue, Class A  Science Certificate, 4 

years, Biology
Mrs. Elizabeth H. Price, Graduate Counselor Certificate, 

Guidance Counselor
Philip E. Brintnall, Class A  Physical Education and 

Biology Certificate, 1 year, General Science, Biology, 
and Physical Science

Harry Swofford, Class A Math and Science Certificate, 
12 years, Math

Miss Charlotte Turner, Class A Home Economics Cer­
tificate, 20 years, Home Economics 

Ralph C. Wiggins, Class A  Vocational Agriculture Cer­
tificate, 17 years, Agriculture 

Mrs. Nell C. Gaffney, Class A  Home Economics Certifi­
cate, 11 years, Eighth Grade 

Mrs. Emma Good, Class A  English and Speech Certifi­
cate, 2 years, Eighth Grade

James F. Laughter, Jr., Class A Physical Education and 
Social Studies Certificate, 6 years, Eighth Grade 

James E. Pardue, Class A Physical Education and Sci­
ence Certificate, 8 years, Eighth Grade 

David E. Sitton, Class A Social Studies and Science 
Certificate, 3 years, Eighth Grade 

Mrs. Jessie S. James, Special Education Certificate, 6 
years, Trainable Children

Answers to Interrogatories



30a

Mrs. Sarah S. Skaggs, Special Education Certificate, 1 
year, Trainable Children

Mrs. Hannah Wiggins, Special Education Certificate, 2 
years, Trainable Children

Mrs. Betty W. Jackson, Special Education Certificate, 
1 year, Trainable Children

Ninth Avenue School

Leon H. Anderson, Administrative Certificate, 1 year, 
Principal

Mrs. Grace Chambers, Class A French and English Cer­
tificate, 3 years, Eng. and French 

Mrs. Laura C. Dusenbury, Class A Librarian Certificate, 
12 years, Librarian

Mrs.' Hannah L. Edwards, Class A Commerce Certifi­
cate, 11 years, Commerce and Sociology 

Mrs. Thelma S. Robinson, Emergency B Certificate for 
one year only, 1 year, Music and Social Studies 

Mrs. Loree G. Jackson, Class A Science Certificate, 6 
years, Science and Math

Lemuel Jones, Class A Physical Education Certificate, 
3 years, Physical Education 

Mrs. Mary V. Mims, Class A Home Economics Certifi­
cate, 13 years, Home Economics 

Mrs. Evelyn D. Petty, Class A French and English Cer­
tificate, 2 years, English and French 

Eddie Young, Provisional Vocational Certificate, 12 
years, Brickmasonry

Mrs. G. Mary L. Cunningham, Class A Grammar Grade 
Certificate, 14 years, Fourth Grade 

Miss Carrie Mae Work, Probation Grammar Grade Cer­
tificate, 1 year, Fifth Grade

Answers to Interrogatories



31a

Mrs. Annie R. Fowler, Graduate Elementary Certificate, 
14 years, Second Grade

Miss Doris Y. Greene, Probation Grammar Grade Cer­
tificate, 1 year, Fifth Grade

George E. Greene, Class A Physical Education Certifi­
cate, 2 years, Eighth Grade

Claude Hostler, Class A  Grammar Grade Certificate, 8 
years, Eighth Grade

Mrs. Yanbureau H. Marsh, Class A Grammar Grade 
Certificate, 3 years, First Grade 

Mrs. Addie M. Miller, Class A Grammar Grade Certifi­
cate, 37 years, Seventh Grade 

Mrs. Eva R. Pilgrim, Class A Primary Certificate, 31 
years, Second Grade

Miss Elizabeth Y. Roberts, Class A  Primary Certificate, 
2 years, Third Grade

Mrs. Louise A. Robinson, Class A Primary Certificate, 
8 years, Sixth Grade

Mrs. Odell M. Rouse, Class A Primary Certificate, 39 
years, First Grade

Mrs. Mary Ii. White, Probation Grammar Grade Cer­
tificate, 1 year, Third Grade 

Miss Doris T. Wigfall, Class A Grammar Grade Certif­
icate, 3 years, Special Education

5. (a)
George Wilkins 
Mrs. Ella Lee Arledge 
Mrs. Ruth Ashby 
Mrs. Betty J. Baker 
Mrs. Elizabeth Bennett 
Mrs. Isabel C. Bruce 
Mrs. Martha P. Coston

Answers to Interrogatories



32a

Mrs. Frances B. Hefner 
Mrs. Margaret K. King 
Mrs. Irene E. Miller 
Mrs. Lula W. Miller 
Mrs. Annie D. Nelon 
Miss Estelle M. Pace 
Mrs. Adelene Parmele 
Miss Louise Perry 
Mrs. Thelma J. Pittman 
Mrs. Pauline B. Poplin 
Mrs. Jean B. Randall 
Mrs. Ann Richardson 
Miss Katherine Shepherd 
Miss Syretha Sossamon 
Miss Jan C. Hipps 
Henry S. Brookshire, Jr.
Miss Carole Byrd 
Mrs. Elouise Dellinger 
Mrs. Elizabeth Fletcher 
Miss Louise Grissom 
Mrs. Frances Holly 
Miss Gayle Hughes 
Mrs. Ruth P. Jones 
Mrs. Shirley Laughter 
Mrs. Louvenia Martin 
Miss Evelyn McPheters 
Miss Irene Mitchell 
Mrs. Phoebe Rollins 
Mrs. Anna P. Shipman 
Mrs. Sara G. Stewart 
Mrs. Nina J. Todd 
Miss Judy Robinson 
R. Hugh Lockaby

Answers to Interrogatories



Answers to Interrogatories

Mrs. Mary Atkins
A. A. Atkins
H. II. Blankenship
Mrs. Mildred Brown
Roberts N. Brown
Harold Cline
Mrs. Christine Croft
William G. Day
Miss Lois M. Gibbs
Miss Geraldine Hensley
Mrs. Ellen Hobbs
Joe T. Hunt
Kenneth B. Hysong
Mrs. Martha Irving
Mrs. Cecil S. Kessler
Dale Lappin
Earl Martin
Miss Sara E. Oates
Thomas E. Orr
Mrs. Rosalind Pardue
Mrs. Elizabeth H. Price
Philip E. Brintnall
Miss Myra A. Williamson
Miss Barbara Jean Sitton
Harry Swofford
Miss Charlotte Turner
Mrs. Chieora Westmoreland
Ralph C. Wiggins
Mrs. Nell C. Gaffney
James P. Laughter, Jr.
James E. Pardue
David E. Sitton
Mrs. Jessie S. James



34a

Mrs. Sarah S. Skaggs 
Mrs. Hannah Wiggins 
Mrs. Betty W. Jackson 
Leon H. Anderson 
Mrs. Laura C. Dusenbury 
Mrs. Hannah L. Edwards 
Mrs. Mary Y. Mims 
Mrs. Addie M. Miller 
Mrs. Eva R. Pilgrim 
Mrs. Louise A. Robinson

5. (b)

Miss Sylvia Christopher, Class A Primary, none, Pri­
mary Grades

Mrs. Ann C. Shelton, Class A  Grammar Grade Certifi­
cate, none, Primary Grades 

Miss Virginia Lee Durham, Class A  Grammar Grade 
Certificate, none, Primary Grades 

Edgar N. Rudisill, Administrative Certificate, none, 
Principal

Miss Sheila Gantt, Grammar Grade A Certificate, none, 
Middle Grades

Miss Judith Scruggs, Class A Grammar Grade Certifi­
cate, none, Middle Grades

Owen E. Brendell, Class A  Grammar Grade Certificate, 
none, Middle Grades

William T. Mauney, Class A Social Studies Certificate, 
none, Middle Grades

Miss Rebecca J. Guffee, Class A History and Religion, 
none, Middle Grades

Mrs. Jean F. Lancaster, Class A Home Economics and 
Science, none, Middle Grades

Answers to Interrogatories



35a

John F. Whitmire, Class A Social Studies, none, Middle 
Grades

Miss Susan J. Sloan, Class A  Grammar Grade, none, 
Middle Grades

Miss Elmyra J. Ledford, Class A Grammar Grade Cer­
tificate, none, Middle Grades 

Charles L. Byrd, Class A  Physical Education and Sci­
ence, none, Physical Education and Science

5. (c)
Miss Elaine Henderson—Incompatible 
Miss Edna Sronce—Retired 
Mrs. Mary L. Beach—Pregnancy 
John G. Livingston—did not apply 
Mrs. Emma B. Good—did not apply 
Mrs. Grace Chambers—no position open, lack of control 

of students
Mrs. Loree G. Jackson—still being considered but no 

position open at this time
Lemuel Jones—still being considered but no position 

open at this time
Mrs. Evelyn D. Petty—Still being considered but no 

position open at this time
Eddie Young—Position terminated by the State from 

lack of students
Mrs. Thelma Robinson—Emergency B Certificate for 

one year only
Mrs. G. Mary L. Cunningham—Retired 
Mrs. Annie R. Fowler—Still being considered but no 

position open at this time 
Miss Doris Y. Greene—Sub-standard certificate 
George Greene—Incompatible

Answers to Interrogatories



36a

Claude Hostler—Still being considered but no position 
open at this time

Mrs. Yanbureau H. Marsh—Still being considered but 
no position open at this time

Miss Elizabeth Y. Roberts—Employed elsewhere
Mrs. Odell M. Rouse—Still being considered but no posi­

tion open at this time
Mrs. Mary H. White—Sub-standard certificate
Miss Doris Wigfall— Still being considered but no posi­

tion open at this time
Miss Carrie Mae Work— Sub-standard certificate

6. None

7. Yes

Answers to Interrogatories



V,
. -ii )  . , , ,

MC.-. M r'l w
NINTH AVENUE HIGH SCHOOL CURRICULUM

SUBJECT INFORMATION E X H I B I T  A

D ^pp p i n g  S u b j e c t s :  A s t u d e n t  m a y  n o t  d r o p  a  s u b j e c t  w i t h o u t  
s p e c i a l ’ p e r m i s s i o n  f r o m  t h e  p r i n c i p a l ®

F e e l i n g  S u b j e c t s : F a i l u r e s  m u s t  b e  m ad e  u p  t h e  f o l l o w i n g  y e a r  
i n  su m m er s c h o o l  a t  H e n d e r s o n v i l l e  H i g h  S c h o o l .

COURSE O U TLIN E

T h e  u r o g r a m s  o u t l i n e d b e l o w  a r e  s u b j e c t  t o  c h a n g e .  C o u r s e
w h i c h  t o o  f e w  p u p i l s  :r e g i s t e r w i l l  n o t  b e  o f f e r e d .

REQ U IRED

9 t n  G r a d e U n i t s 1 1 t h  G r a d e
E n g l i s h  I 1 E n g l i s h  I I I
M a t h e m a t i c s 1 U .  S .  H i s t o r y
(.ai v j .o s 1 Homo E c o n o m i c s  I I I
H e a l t h  & P h y s i c a l  E d . 1
Homo E c o n o m i c s  I 1

1 0 t h  G r a d e 1 2 t h  G r a d e
E n g l i s h  I I 1 E n g l i s h  I V
B i o l o g y 1 F a m i l y
M a t h e m a t i c s 1
Home E c o n o m i c s  I I 1 A n y  o t h e r  n o t  c o m p l e t e d

E L E C T I V E S

F r e n c h  I  & I I 1 C h o r u s  I  &  I I i
B i  L i e 1 ' B a n d  I  & I I

L
2

M a s o n r y  I  &  I I 2 T a i l o r i n g i

G e n e r a l  . S c i e n c e 1 A l g e b r a  I  & I I i
C h e m i s t r y 1 P l a n e  G e o m e t r y

"ij.
1 h y s i c s 1 T y p i n g  I  &  I I i
S o c i o l o g y B u s i n e s s  E n g l i s h
E c o n o m i c s O f f i c e  P r a c t i c e A

L i b r a r y  S c i e n c e 1 W o r ld  H i s t o r y i

P R E -C O L L E G E

C o l l e g e  b o u n d  s t u d e n t s  s h o u l d ' t a k e  c o u r s e s  l i s t e d  b e l o w  i n  a d d i ­
c t i o n  t o  r e q u i r e d  c o u r s e s :

C o l l e g e  B o u n d  Gr a d u a t i o n  R e q u i r e m e n t s

A l g e b r a  I I E n g l i s h 4 U n i t s
W o r ld  H i s t o r y M a t h e m a t i c s 2 IV

F r e n c h  I  & I I S o c i a l  S c i e n c e 2 If

P l a n e  G e o m e t r y P h y . E d u c a t i o n 1 f t

O hsm i s t r y N a t u r a l  S c i e n c e 2 s?

P h y s i c s

•t f

E l e c t i v e s 6 t r

-1 3 -



37a



38a

(See Opposite)S3?"



E X H I B I T  B
. VgV

E X H I B I T  jA  a n d

HENDERSONVILLE HIGH SCHOOL CIXRKLOULUM

Required subjects Units

9th grade
English 9 1
Mathematics . 1
Health & Physical Education 1

10th grade
English 10 1
Biology 1
Mathematics 1
World History 1

Required mfl>,1eots~ Units

1 1 t h  g ra d e
Sng'lxsR  1 1  . ' 1
Am erican  H i s t o r y  1

1 2 t h  grade .
S n g E s h  1 2  1
Any o f  t h e  other require­
ments w hich have not been
completed ,

Each student w ill sign up for  classes which w i l l  g i v e  units o f credit* 
No more than 5 units may be taken without p e r m is s io n  from  the principal®

Electives Units
French I 1
French II 1
French H I 1
Latin I 1
Latin II 1
Spanish I 1
Spanish II 1
Spanish III 1
Bible I 1
Bible II 1
Agriculture I 1
Agriculture II 1
Agriculture III 1
Agriculture IV 1
Industrial Arts I AO
Industrial Arts II i  
Industrial Arts I I I  f- 
Industrial Arts IV 4 
Drafting I
Drafting II  % 
Art I -I 
Art II  §  
Art I II  | 
Art IV | 
General Business 1

Electives 
"Rome Economics I  
Home Economics I I  

•jBBBHBi-Home Economics
(Foods & Consumer 
Economics)

■$bbbbb;-Hopis Economies*
(Clothing & R e la t e d
Areas)

General Physical 
Science 1

^Chemistry 1
•SBBtPhysics  ̂ 1

■jBBBGPhysical Science(Mod)l 
■SBBBBBtAero—Space 1

General Math 1
Business Math 1
Algebra I 1
Algebra II  1
Contemporary Math 1

(Pl.&Sol.Geom) 
Trigonometry 2

(may be taught 
with Adv.Math 
for 1 unit)

Adv. Mathematics 1

Unit3 Ele c t iv es 
“  1 typing 1

1 Typing II
1 Bus. Machines 

Bookkeeping 
4BBBBfShorthand I
JJBBBS-Shorthand II

Office Practices 
Civics 

•JBS-Eco «&Soc.
Psychology 
library ScI®

. Band 
Chorus
Reading Improvement 

(no credit) 
Distributive EdI 
Distributive EdII 
Marketing I

*Must have completed Algebra I I  or Plane Geometry 
^Junior and Seniors only (both beys and g ir ls )

■JBBSMust have completed Algebra II  and Contemporary Math and be taking 
Trigonometry and/or Adv. Math

■3BBBSA. course to be taken only by students who have passed General Science 
and who cannot or do not wish to take the regular Chemistry and Physics 
classes. College-bound students sh o u ld  take Chemistry and/or Physios* 

-jBBBBsMust have had Typing I 
-JBBBBBhlunior and Seniors only (g ir ls  only)

H
M

W
O

 
M

lr
to

'r’
to

iP
H

 *
->

 H
M

iH
H

 !
-*

 W
 H

 H
w

|H



39a



40a

J, Braxton Craven, Jr. Copy
Chief Judge

UNITED STATES DISTRICT COURT 

W estern  D istrict  of N orth  C arolina  

Morganton, North Carolina 28655

September 3, 1965

R e : Chambers, et al, v. Hendersonville City Board of
Education Asheville Division—Civil Action No. 2388

To A l l  C ou nsel  of R ecord in  t h e  A bove-C aptioned  C ase :

Gentlemen:
As I indicated in the Morganton case, I do not believe that 
the plaintiffs’ proposed findings of fact would support an 
ultimate finding of racial discrimination and injunctive re­
lief. But, also as indicated in Morganton, such findings of 
fact clearly call for careful scrutiny of the determinations 
made by the School Board with respect to employment. I 
do not think that the record contains sufficient evidence to 
permit a fair determination of the subsidiary facts. The 
decimation of Negro teachers, in my opinion, requires far 
more explanation than what has been given. A judge is 
not simply a referee at a prizefight, but sometimes has the 
duty to even call and examine witnesses himself, and he 
should not resort to guesswork in determining what the 
truth may be. See dissenting opinion of Mr. Justice Frank­

Letter from Judge Craven to AH Counsel of Record,
dated September 3, 1965



41a

furter in Johnson v. U. S., 333 U. S. 46, 54, 92 L. Ed. 468, 
475 (1948).
By copy of this letter to the Clerk at Asheville, I am in­
structing him to set this case down for further hearing to 
receive additional testimony to enlighten me on the follow­
ing subjects:

(1) How many Negro teachers, who were not rehired, 
applied for reemployment—fourteen or sixteen?

(2) Was the excuse “no position open at this time” given 
to the eight Negro teachers last spring when their 
contracts were not renewed, or does that verbiage 
relate only to the time when the interrogatories were 
answered?

(3) Precisely what were the qualifications, education, de­
grees earned, from what colleges, and experience of 
each and every one of the Negro teachers who ap- 
plid for reemployment and failed to get it?

(4) What experience in teaching, if any, did the fourteen 
now white teachers employed for 1965-66 have in 
other schools?

(5) With respect to each Negro teacher who sought and 
failed to obtain employment, disclose the names of 
teachers who competed for the position or positions 
and answer, preferably in chart form, so as to enable 
a comparison as between the Negro teacher and those 
who were employed, with respect to colleges attended 
(name), degrees earned, experience, certificates, sub­
jects taught, and any other special characteristics 
bearing upon a fair comparison of individual per­

Letter from Judge Craven to All Counsel of Record,
dated September 3, 1965

sons.



42a

(6) With respect to each category or position of employ­
ment, disclose the number of such positions in 1964 
as compared with 1965.

(7) Unless the employment decision was clearly non- 
racial for tangible reasons such as higher degrees 
earned, I want a full disclosure of the reasons, if 
any, of the Superintendent and the School Board for 
preferring the white applicant(s) to the Negro ap­
plicant (s). If there were discussions in meetings of 
the Board with respect to such determinations, they 
ought to be disclosed.

(8) Give the names of all Negro applicants who failed of 
reemployment and who have not been able to get 
suitable employment elsewhere.

In short, I want to get all the evidence it is possible to ob­
tain to help me weigh the qualifications of all applicants for 
a given position and attempt what some may say is im­
possible—a fair comparison of human beings. I will be 
especially grateful if you can submit to me and opposing 
counsel documentary evidence that will reflect the record 
qualifications of each person concerned. If such informa­
tion can be juxtaposed, it would be especially helpful.

If for procedural or any other reasons any party has any 
reluctance to call a person as his witness, you need only 
give his name to me and he will be called as the court’s 
witness.
I should think the taking of this additional testimony would 
not require more than half a court day. By copy of this 
letter to Mr. Bartlett, I am requesting that he set the hear­

Letter from, Judge Craven to All Counsel of Record,
dated September 3, 1965



43a

ing for 9:30 A.M. on Wednesday, September 22, 1965, at 
Asheville, North Carolina.

Very truly yours,

s / J. B raxton  C raven , Jr.
J. Braxton Craven, Jr.

cc: Mr. Verne Bartlett, Deputy Clerk 
United States District Court 
Post Office Building 
Asheville, North Carolina 20802

PS: (9) Any other information thought by any of the 
parties to be pertinent to the inquiry.

Letter from Judge Craven to All Counsel of Record,
dated September 3, 1965

J. B. C., Jr.



4 4a

Memorandum Report to Judge Craven from
Counsel for Defendant Board

P rin c e , J ack so n , Y oungblood & M assages

LAWYERS
P. 0. Bos 70 -  Code 704 -  Phone 692-2595 

Hendersonville, North Carolina
28739

September 10, 1965

Honorable J. Braxton Craven, Jr.
Chief Judge
United States District Court 
Western District of North Carolina 
Morganton, North Carolina 28655

R e: Chambers, et al, v. Hendersonville City Board of
Education Asheville Division—Civil Action No. 
2388

Dear Judge Craven:
There is enclosed all of the information you have called for 
as fully as we are able to develop it.

If personal interviews with the teachers or conferences with 
the Principals are desired, these who are now in our em­
ploy will be made available to you. The Principal of Ninth 
Avenue School, L. H. Anderson, was reemployed but re­
signed to accept a much better job with a Governmental 
agency. As to the teachers who are no longer employed, it 
is suggested that the plaintiffs’ counsel will know where 
they are better than we do.



45a

May I add that an early decision on this matter will be help­
ful to the operation of our school in this its first year of 
full integration.
Unless I hear from you to the contrary, we will not have 
our Principals or teachers at the reopened hearing on the 
22nd.
If there is anything further that is desired please let me 
know and I will undertake to provide it. I expect to be out 
of town next week taking my daughter to college and will 
return the last of the week and will be able to attend to any 
matters at that time.

Memorandum Report to Judge Craven from
Counsel for Defendant Board

Very truly yours,

s / L. B. Prince 
L. B. Prince

LBP :gc 
Enc.



46a

In the United States District Court

M em oran du m  t o : Honorable J. Braxton Craven, Jr.
Chief Judge

R e : Chambers, et al, v. Hendersonville City Board of
Education Asheville Division—Civil Action No. 
2388

Replying to Letter Directive of September 3, 1965 copy of 
which is attached for ready reference, the following answers 
are given:

1. It has not been the practice of this school system to 
require applications for employment other than initially. 
Unless some reason appears, all employees are treated as 
being candidates for reemployment. Strictly speaking, 
while there were no applications filed, there were sixteen 
who were not reemployed, four for the following reasons:

(a) Cunningham retired.
(b) Roberts did not wish to teach in an integrated school.

(c) Young’s bricklaying class was abolished by the State 
for lack of students.

(d) Green was allowed to finish the 1964-65 session but 
was notified that he would not be reemployed for ob­
jectionable personal habits.

The answer then to this question is that twelve were treated 
as candidates for reemployment.

2. The reason “no position open at this time” was used 
for the first time in answering the interrogatories.

Memorandum Report to Judge Craven from
Counsel for Defendant Board



47a

3. The tabulation called for is shown on Enclosure 1 as 
to the twelve teachers who were treated as candidates for 
positions.

4. The tabulation called for in Question 4 is shown on 
Enclosure 2.

5. The tabulation called for in Question 5 is shown on 
Enclosure 3.

6. The tabulation called for in Question 6 is shown on 
Enclosure 4.

7. The information called for in Question 7 is shown on 
Enclosure 1 which contains a summation and detailed dis­
closure of all items of significance to their reemployment 
in the files of every Negro teacher.

The Board always met in public session with a represent­
ative of Radio and Press present.

The Board cannot initiate but can only veto employment. 
This Board and the Superintendent were in agreement that 
the law as construed by the Federal Courts must be fol­
lowed and teachers must be selected on individual compara­
tive qualifications without regard to race. Ordinarily, when 
a member of this Board had information of significance as 
to any teacher that tended to make the teacher undesirable 
such as standing in the community or private conduct un­
becoming to a teacher, that fact was called to the attention 
of the Superintendent whereupon his recommendation was 
withdrawn. This Board never specifically overruled or re­
fused to employ any teacher recommended by the Superin­
tendent.

Memorandum Report to Judge Craven from
Counsel for Defendant Board



48a

8. As to the information called for in Question 8, Plain­
tiff’s counsel will know better than we know where their 
clients are employed but it is our information that all are 
employed at this time. (Enclosure 5)
Personal data and evaluation was prepared for each teacher 
by the Principal of the Ninth Avenue School (who was him­
self a Negro) at the request of the Superintendent for the 
purpose of determining what Negro teachers would be em­
ployed in the easily foreseeable event of integration. The 
Superintendent stated that it was not his thought that the 
Principal would prepare this in writing but would familiar­
ize himself sufficiently to discuss the teachers with him, 
however the attached was prepared as his own idea by the 
Principal. It was and is the Superintendent’s policy to dis­
cuss with each Principal every teacher then employed as to 
the desirability of reemployment and every new teacher 
whose employment was contemplated.
In addition to this, there is enclosed a copy of all the cur­
rent applications in the files remaining after the selection 
of the fourteen new teachers.
There is attached statement showing National Teacher Ex­
amination Requirements for Teacher Certification as ex­
planation of the information as to the effect of the NTE 
examination scores (Enclosure 6).
Replying to the Plaintiffs’ Memorandum filed as rebuttal 
wherein it is said, “The central fact of this litigation is that 
once the all Negro Ninth Avenue School became desegre­
gated, the Negro teachers formerly teaching there were 
considered by the defendant Board to have become ‘dis­
placed1 C This Board has substantial authority for the use

Memorandum Report to Judge Craven from
Counsel for Defendant Board



49a

of this term: according to newspaper accounts, the Presi­
dent of the United States used this term in making an ap­
peal for employment of ‘displaced’ Negro teachers.

Efforts to have Ninth Avenue School Accredited failed. 
Upon the elimination of the Ninth Avenue School, its per­
sonnel was thrown into competition with a school fully ac­
credited by the Southern Association of Colleges and 
Schools, Inc. (the same accreditation about which such a 
furor is being raised by the Speaker Ban controversy as to 
accreditation of the University of North Carolina and other 
State schools). The result of accreditation is that all 
teachers in an accredited school must measure up to higher 
minimum qualifications than in a non-accredited school. 
The Ninth Avenue Advisory Board and the Superintendent 
have been of the opinion that the teaching staff of Ninth 
Avenue School would be up-graded by employing younger 
teachers of a newer generation even though these teachers 
had not been able to achieve the minimum score of 450 on 
the National Teachers Examination. This explains why we 
had these under-qualified teachers at this school.

Respectfully submitted, this 10th day of September 1965.

Memorandum Report to Judge Craven from
Counsel for Defendant Board



50a

There is attached, in alphabetical order, detailed personal 
data and evaluation of teachers in the Negro school which 
was prepared by the Principal of that school, Mr. L. H. 
Anderson, during the months of November-December 1964 
and January-February 1965.

Mr. Anderson used the following ratings: (1) Excellent;
(2) Very Good; (3) Good; (4) Good Potential; (5) Aver­
age; (6) Needs Help.

As will appear, he sets out in detail his comments as to 
each teacher.

During the session 1964-65, there were 24 Negro profes­
sional teachers employed and of these one (1) (Cunning­
ham) retired and one (1) (Roberts) did not desire to be 
employed in a integrated school (as will appear from the 
attached) (she only had a NTE score of 423). Young’s 
bricklaying class was ended by the State because there were 
no interested students.

The personal data and evaluation of the remainder are 
shown on the attached machine copies prepared by the 
Principal from which will appear:

(1) Four were placed in the No. 1 category and of these 
all but one was employed and that one, Marsh, for the fol­
lowing reason: When the name was presented to the Board 
for employment, one member of the Board stated that she 
should not be employed. This member is a medical doctor, 
Dr. J. D. Lutz, 600 Fifth Avenue West, Hendersonville, 
North Carolina, and his statement was accepted without 
inquiry.

This member is willing to communicate to the Court the 
reasons for this judgment on his part upon receipt from 
the Court of a Letter Directive to him to that effect. This 
is to comply with the law as to privileged communications

Resume of Negro Teachers



51a

between patient and doctor, which it is understood to be 
permits disclosure upon order of a judge to serve the ends 
of justice.

(2) Two were placed in the No. 2 category and of these 
all but one was employed and that one, Rouse, for the fol­
lowing reasons as will appear from the attached machine 
copy of health certificate: Rouse is 56 years old, 65% inches 
in height and weighs 219 pounds. This limits her activities 
and puts her in a difficult if not impossible competitive posi­
tion with young active teachers thoroughly trained in every 
new method of teaching-—especially is this true of first 
grade teachers.

(3) Four were placed in the No. 3 category and of these 
all but two were employed and those two for the following 
reasons: Robinson who was teaching on a probationary 
certificate with a NTE schore of 408, and Wigfall who was 
teaching with a NTE score of 429.

(4) Three were placed in the No. 4 category and of these 
none were employed. White was teaching on a probationary 
certificate with a NTE score of 403; Work was teaching on 
a probationary certificate with a NTE score of 439, and 
Doris Green was teaching on a probationary certificate with 
a NTE score of 428.

(5) Three were placed in the No. 5 category and of these 
none were employed. There is attached full information as 
contained in the report and files which show the reasons.

(6) Two were placed in the No. 6 category and none were 
employed. Green was notified during the year that he would 
be permitted to finish the term but would not be reemployed 
because of some of his personal habits, and there is included 
in the report full information as to why Hostler was not 
employed.

Resume of Negro Teachers



52a

Years

Resume of Negro Teachers

Teacher
College

Attended
Degrees
Earned

NTE
Score

Expe­
rience Certificate

Mrs. Grace Chambers Livingstone A.B. 522 16 French & 
English

Mrs. Thelma S. Robinson Bennett A.B. 408 1 Emergency B-0

Mrs. Loree G. Jackson Shaw B.S. — 27 H.S.-A Science

Mrs. Evelyn D. Petty J. C. Smith B.A. — 7 H.S.-A English 
& French

Miss Carrie Mae Work Winston Salem B.S. 439 1 Elementary A 
(Probational)

Mrs. Annie R. Fowler Winston Salem B.S. — 28 Elementary G

Miss Doris Y. Greene Winston Salem B.S. 428 1 Elementary A 
(Probational)

Claude Hostler Fayetteville B.S. — 12 Elementary A

Mrs. Vanbureau H. Marsh Virginia State M.S. 598 24 Elementary A

Mrs. Odell M. Rouse Winston Salem B.S. — 39 Primary A

Mrs. Mary H. White Livingstone A.B. 403 1 Primary A
(Probational)

Miss Doris T. Wigfall J. C. Smith B.A. 391
(429)

5 Elementary A



53a

NINTH AVENUE SCHOOL 

P ersonnel-D ata-S h eet

Name:
Grace Chambers

Telephone No.:
No telephone

Permanent Mailing Address:
822 Seventh Avenue, West-Hendersonville, N. C.

Area of Certification:
English and French

National Teacher’s Exam (Highest) Score:*
English: 550 Common: 522

Type of Certificate:
Secondary

Degree: A. B. Major: English Minor: French 

College Attended:
Livingstone College, Salisbury, N. C.

Tear Graduated: 1942

Others Attended:
Graduate School

1. North Carolina Agricutural and Technical College 
Year: 1950-1951 (Summers)

2. Fort Valley State College (French Workshop) 
Year: 1959 (Summer)

3. University of Missouri (NDEA-French)
Year: 1961 (Summer)
Graduate School

* On file with my record in the State Department of Education.

Resume of Negro Teachers



54a

4. North Carolina Agricultural and Technical College 
(Humanities Institute)
Year: 1964 (Summer)

Please check if attended fo r :
Certification Purposes # 1  V 

-(Advance Degree 
Institute #2, #3, # 4  V

Years of experience in Hendersonville City System: 
3-1962-1965

Other teaching experience:
Catawba Rosenwald School, Catawba, North Carolina
Years: 1945-1947
Seminole County Training School,

Donelsonville, Georgia 
Years: 1950-1955
Washington Consolidated School, Cairo, Georgia 
Years: 1956-1957
Magnolia High School, Thomasville, Georgia 
Years: 1959-1960
Center High School, Naycross, Georgia 
Years: 1960-1961
Douglass High School, Bristol, Virginia 
Years: 1961-1962

Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year! 

(Yes)

If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

Statement attached.

t I plan to continue study at A & T College this summer and to con­
centrate toward a degree.

Resume of Negro Teachers



55a

Professional Organizations:
North Carolina Teachers Association 
National Council of English Teachers

School: Ninth Avenue 
Teacher: Mrs. Chambers 
Date: 1/8/65 
Summary: Average 
Appraiser: L. H. Anderson 
Position: English Teacher

C h e c k  S heet

P ersonal and  P rofessional Q ualities of T eachers

1. P ersonal A ttractiveness . How favorably does the 
teacher impress you and others by his or her general 
appearance and manner? Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 Q T J 3 4

2. E m otion al  M aturity  : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional controlf Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4

3. M en tal  A d aptability . How successful does the teacher
meet new problems with intelligent planning and, sound 
judgmentf Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 2  0  4

Resume of Negro Teachers



56a

4. S ocial, I n terest . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  0  4

5. L eadersh ip . H ow successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of actionf Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 1 2  0  4

6. T eacher-P u p il -R e l a t io n sh ip . H ow effective is the
teacher in understanding and meeting the personal and 
social needs of boys and girlsf Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 0  3 4

Little control of pupils.
Talks too much. Should let pupils take a more active 
part.
Very cooperative.
Resourceful.

Resume of Negro Teachers



57a

Resume of Negro Teachers

471-1544
ALABAMA CREDIT CORPORATION 

1900 Government Street Mobile, Alabama

March 9, 1965

Mr. Hugh D. Randall, Snpt.
Hendersonville Public Schools 
Hendersonville, N. C.

Dear Mr. Randall:
We are sorry that it becomes necessary for us to ask 

your assistance in recovering $109.32 owing this Company 
by a school teacher in your school system, Grace Chambers 
of Ninth Avenue School.

This entire balance was due to be paid out April 17, 1963 
and we have been encountering great difficulty in even get­
ting her to make any sort of payment on her account. The 
last time we received any payment on this account was 
December 10, 1964 in the amount of $10.00 and previous to 
that it was September 30, 1964 in the amount of $10.00.

We are writing you in hopes that you might have some 
influence with Grace in expressing to her the importance of 
paying one’s honest obligations.

Yours very truly,

A l a b a m a  C r e d it  C o r p o r a t io n  

A. W. P h i l l i p s

A. W. Phillips
AWP/ss
CC/Graee Chambers



58a

March 12, 1965

Mrs. Grace W. Chambers 
822 Seventh Avenue West 
Hendersonville, N. C.

Dear Mrs. Chambers:

I have just received notice from the Alabama Credit Corpo­
ration, Mobile, Alabama, that your account with them is 
in arrears. I have no desire to get involved in your personal 
financial matters, but I do know from experience that credit 
rating is worth a great deal to a person in time of need, 
and that in order to maintain a good credit standing where- 
ever you may be it is necessary that one make arrangements 
to take care of all obligations.
I trust that you will have no difficulty in making arrange­
ments with this company.

Sincerely yours,

Resume of Negro Teachers

HDR :RB

Hugh D. Randall 
Superintendent



Resume of Negro Teachers

May 18, 1964

Mrs. Grace Chambers 
212 N. Whitted Street 
Hendersonville, N. C.

Dear Mrs. Chambers:

Again I find it distasteful to call your attention to your 
obligation with Alabama Credit Corporation. Your last 
cheek to them dated April 27, 1964, No. 166, was returned 
to them marked insufficient funds.

I do like to feel that our teachers are responsible for their 
obligations. I hope that you will find some way to satisfy 
your credit standing with this company. If not, I am afraid 
you will seriously impair your credit standing in this com­
munity and wherever you may be.

Sincerely yours,

HDR :RB

Hugh D. Randall 
Superintendent



60a

Resume of Negro Teachers

471-1544
ALABAMA CREDIT CORPORATION 

1900 Government Street Mobile, Alabama

April 27, 1964

Mr. Hugh D. Randall, Superintendent 
Hendersonville City Public Schools 
Hendersonville, North Carolina

Dear Mr. Randall:
We regret that it becomes necessary for us to ask for your 

assistance in recovering $150.82 owing to this Company 
by a school teacher in your City School System, Grace 
Chambers of 9th Avenue School, Hendersonville, North 
Carolina. Grace obtained a Loan from us April 17, 1961, 
in the amount of $336.00 repayable 20 monthly payments of 
$16.80, skipping the two summer months. We have not re­
ceived any payments on this account since February 28, 
1964, thus it now is all past due. We have contacted Grace 
many many times by letters and phoning. It is our opinion 
and quite evident that Grace has ignored all advice and sug­
gestions to pay us and feels that by continuing to do so she 
will evade paying this just debt.

We know you are in no way a Collection Agency, but feel 
your honorable institution as ourselves believe that all em­
ployees should pay their honest obligations.

With this in mind, we are soliciting any help you may be 
able to give us in liquidating this balance.

Yours very truly,
A l a b a m a  C r e d it  C o r p o r a t io n  

A .  W. P h i l l i p s  

A .  W. Phillips
A W P / m p



61a

Resume of Negro Teachers 

April 29, 1964

Mr. A. W. Phillips 
Alabama Credit Corporation 
1900 Government Street 
Mobile, Alabama

Dear Mr. Phillips:

I realize the problem you are facing in collecting from Grace 
Chambers.
As I recall, I talked with this teacher sometime ago about 
this, and I will do so again. I will certainly encourage her 
to fulfill her obligations.

Sincerely yours,

Hugh D. Randall 
Superintendent

HDR :RB



62a

NINTH AVENUE SCHOOL 

P e b s o n n e l -D a t a - S h e e t

Name:
Laura Cooke Dusenbury

Telephone No.:
AL-2-26936

Permanent Mailing Address:
275 South French Broad Avenue, Asheville, N. C.

Area of Certification:
English, Social Sciences, Library Science

National Teacher’s Exam (Highest) Score:
Please check if you have not taken the test: V

Type of Certificate:
Secondary

Degree: A. B. M ajor: English Minor: Social Science

College Attended:
Livingstone College

Year Graduated:
June, 1942

Others Attended:
Atlanta University 
Year: 1944
North Carolina College at Durham 
Years: 1957, ’59, ’61, and ’63

Please check if attended fo r :
Certification Purposes: V 
Advance Degree V

Resume of Negro Teachers



63a

Years of experience in Hendersonville City System: 21

Bo you wish to be considered for a teaching position in the 
Hendersonville City Unit for the 1965-66 school year! Yes 
If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

Inasmuch as I have worked with integrated groups 
in both religious and educational activities, this would 
constitute no problem. I feel that I can work with 
anyone professionally.

Professional Organizations:
NEA, NCTA, ATA, CTA, and 1STCL A

School: Ninth Avenue 

Date: 2/3/65

Appraiser: Leon H. Anderson 

Teacher: Mrs. Dusenbury 

Summary: Good 

Position: Librarian

Resume of Negro Teachers



64a

Resume of Negro Teachers 

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  3 0

2. E m o t i o n a l  M a t u r i t y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness ancl emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4

3. M e n t a l  A d a p t a b il it y . H ow successful does the teacher
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 2  0  4

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  0  4



65a

5. L e a d e r s h ip . How successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 1 2  3 0

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . How effective is the
teacher in understanding and meeting the personal and 
social needs of boys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 2  3 0

Works well with children & teachers.
Not dependable about getting bills in on time.
However, is an asset to the school.

Resume of Negro Teachers



66a

NINTH AVENUE SCHOOL 

P ebsonnel-D ata-S heet

Name:
Hannah Logan Edwards

Telephone No.:
OX 2-1210

Permanent Mailing Address:
P. 0. Box 838, East Flat Rock, North Carolina

Area of Certification:
Commerce and Secretarial Science

National Teacher’s Exam (Highest) Score:

Please check if you have not taken the test: V

Type of Certificate:
Secondary

Degree: B. S.
Major: Commerce Minor: Secretarial Science 

College Attended:
North Carolina College at Durham

Year Graduated:
June, 1953

Others Attended:
North Carolina at Durham.
Years: 1958, ’62 and ’63

Please check if attended fo r :
Certification Purposes: V
Advance Degree V

Resume of Negro Teachers



67a

Years of experience in Hendersonville City System: 11 
Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)
If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

I feel that to teach in an integrated situation would 
pose no problem, as the main goal of education is to 
work and develop the whole child.

Professional Organizations:
NEA, NCTA, CTA, NCBA, AND CTA.

School: Ninth Avenue 

Date: 1/18/65
Appraiser: Leon H. Anderson 

Teacher: Mrs. Edwards 

Summary: Average 

Position: Typing

Resume of Negro Teachers



68a

Resume of Negro Teachers 

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  0  4
2. E m o t i o n a l  M a t u r i t y : To what extent does the teacher 

exhibit a desirable balance between emotional respon­
siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4
3. M e n t a l  A d a p t a b il it y . How successful does the teacher

meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 2  0  4

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophyf Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  0  4



69a

5. L e a d e r s h ip . How successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 1 2  0  4

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . How effective is the
teacher in understanding and meeting the personal and 
social needs of boys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 2 [0 4

Good control of pupils.

Argues with pupils too much.

Works very hard.

Needs to go back to school.

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70a

NINTH AVENUE SCHOOL 

Personnel-D ata-S heet

Name:
Annie R. Fowler

Telephone No.:
AL 4-8787

Permanent Mailing Address:
149 Burton St., Asheville, N. C.

Area of Certification:
Elementary Education

National Teacher’s Exam (Highest) Score: A

Please check if you have not taken the test: V

Type of Certificate:
Grade A 
G. Elem.

Degree: B. S. Major: Education Minor: Science

College Attended:
Winston Salem State

Year Graduated: 1946

Others Attended:
North Carolina College 
Year: 1955 
A & T College 
Year: 1955
North Carolina College 
Years: 1958-61 
Western Carolina 
Year: 1963

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71a

Please check if attended for:
Advance Degree V

Years of experience in Hendersonville City System: 14

Other teaching experience:
Henderson County 
Years: 1945-1951

Do you wish to he considered for a teaching position in
the Hendersonville City Unit for the 1965-66 school year?
(Yes)
If yes, please give a brief statement of how you feel about
teaching in an integrated situation.

I feel that teaching in an integrated situation will 
present problems. These problems can be solved and 
adjustments made according to individual needs:

Professional Organizations:
NEA, N.C.T.A., NCACT

Resume of Negro Teachers

School: Ninth Avenue 

Teacher: Mrs. Fowler 

Date.- !
Summary: Average 
Appraiser: L. H. Anderson 

Position: 2nd Grade Teacher



72a

Resume of Negro Teachers 

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  0  4

2. E m o t io n a l  M a t u r i t y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 0  3 4

3. M e n t a l  A d a p t a b il it y . How successful does the teacher
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 2  0  4

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 0  3 4



73a

5. L e a d e r s h ip . How successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 1 0  3 4

6. Teacheb-Pupil-Relationship. How effective is the
teacher in understanding and meeting the personal and 
social needs of boys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 2  0  4

Tone—Fair—Atmosphere sort of cool.

Complains a little too much about small things. 

Classroom is attractive.
Could give pupils more of an opportunity to think— 

She leads them too much.
A desk type teacher—sits all the time.
Seems to be up to date on research in the field.

Uses audio-visual materials very effectively.

Resume of Negro Teachers



74a

U. S. TREASURY DEPARTMENT ----  INTERNAL, REVENUE SERVICE

EORM 668-A 
(REV. APRIL 1959)

NOTICE OF LEVY
[ e m b l e m ] 

t o  :

Board of Education 
Hendersonville City Schools 
Hendersonville, N. C.

DATE

March 24, 1960
You are hereby notified that there is now due, owing, and 
unpaid from (Name and Address of Taxpayer)

Annie E. Fowler, 149 Burton St., Asheville, N. C.
SS N o P P

to the United States of America the sum of 
****Sixty Two and 45/100***** Dollars $62.45

Resume of Negro Teachers

PERIOD AND TYPE OP TAX DATE OF ACCOUNT NO. UNPAID

ASSESSMENT BALANCE

1957 Addl IT 8/21/59 8/21/59 D 8508 $57.01
STATUTORY TOTAL

ADDITIONS

$5.44 $62.45
State Vou. #47 

4/30/60 
Code 621-C

T o t a l  A m o u n t  D u e  $62.45
You are further notified that demand has been made upon 
the taxpayer for the amount set forth herein, and that such 
amount is still due, owing, and unpaid from this taxpayer,



75a

and that the lien provided for by Section 6321, Internal Rev­
enue Code of 1954, now exists upon all property or rights to 
property belonging to the aforesaid taxpayer. Accordingly, 
you are further notified that all property, rights to property, 
moneys, credits, and bank deposits now in your possession 
and belonging to this taxpayer (or with respect to which 
you are obligated) and all sums of money or other obliga­
tions owing from you to this taxpayer are hereby levied 
upon and seized for satisfaction of the aforesaid tax, to­
gether with all additions provided by law, and demand is 
hereby made upon you for the amount necessary to satisfy 
the liability set forth herein, or for such lesser sum as you 
may be indebted to him, to be applied as a payment on his 
tax liability.
DISTRICT DIRECTOR OP INTERNAL REVENUE

J .  E. W a l l

b y  (Signature) t it l e

J o h n  R. B a r k e r  CCF Supervisor
C e r t if ic a t e  o f  S e r v ic e  

I hereby certify that this levy was served 
by delivering a copy of this notice of levy 
to the person named at the right hereof.-*

NAME
H u g h  D . R a n d a l l

t it l e

Supt.
d a t e  a n d  t i m e  

3-29-60 11 am
s ig n a t u r e  o f  r e v e n u e  o f f ic e r  

H e r b e r t  C o r d le

Amount Seized: $62.45
Part 3—To be furnished to taxpayer

Resume of Negro Teachers



76a

U. S. TREASURY DEPARTMENT ---- INTERNAL REVENUE SERVICE

f o r m  668-A 
( r e v . JANUARY 1962)

NOTICE OF LEVY
[ e m b l e m ]

TO :

Hendersonville City Schools 
Hendersonville, North Carolina

DATE

March 11, 1963
You are hereby notified that there is now due, owing, and 
unpaid from (Name and Address of Taxpayer)

Annie R. Fowler, 149 Burton Street,
Asheville, North Carolina Avl OCF

to the United States of America the sum of
-Eight Hundred Ninety-Five and 30/100- Dollars $895.30
CLASS OF TAX AND PERIOD DATE OF REFERENCE NO. UNPAID

ASSESSMENT BALANCE

Income 1959 11-23-62 11-23-62 D 17482 $878.94
STATUTORY TOTAL

ADDITIONS

$16.36 $895.30
T o t a l  A m o u n t  D u e  $895.30

You are further notified that demand has been made upon 
the taxpayer for the amount set forth herein, and that such 
amount is still due, owing, and unpaid from this taxpayer, 
and that the lien provided for by Section 6321, Internal Rev­
enue Code of 1954, now exists upon all property or rights to 
property belonging to the aforesaid taxpayer. Accordingly,

Resume of Negro Teachers



77a

you are further notified that all property, rights to property, 
moneys, credits, and bank deposits now in your possession 
and belonging to this taxpayer (or with respect to which 
you are obligated) and. all sums of money or other obliga­
tions owing from you to this taxpayer are hereby levied 
upon and seized for satisfaction of the aforesaid tax, to­
gether with all additions provided by law, and demand is 
hereby made upon you for the amount necessary to satisfy 
the liability set forth herein, or for such lesser sum as you 
may be indebted to him, to be applied as a payment on his 
tax liability.
DISTBICT DIRECTOR OF INTERNAL REVENUE

J . E. W all

b y  ( Signature) t it l e

P a t r i c k  T. H a r w o o d  Revenue Officer
C e r t if ic a t e  o f  S e r v ic e  

I hereby certify that this levy was served 
by delivering a copy of this notice of levy 
to the person named at the right hereof.-*

NAME

H u g h  D . R a n d a l l

TITLE
Superintendent
DATE AND TIME

3/12/63 10:00 A.M.
SIGNATURE OF REVENUE OFFICER

3/25/63
State You. #1346

$60.60 as of 
3/12/63

Part 2—To be retained by addressee

Resume of Negro Teachers



78a

Gen. 24-D Copy for Garnishee
(Rev. 5/55)

State of North Carolina 
DEPARTMENT OF REVENUE 

Raleigh
I n t h e  m a t t e r  o f  

Annie R. Fowler
Hereinafter referred to as the taxpayer 

149 Burton Street 
Asheville, North Carolina
To Hendersonville City Schools

Hereinafter referred to as the garnishee 
Hendersonville, North Carolina

GARNISHMENT FOR TAXES 
(Authorized by Sec. 913(2) of The Revenue Act.) 
S S #  238 54 0432

State Vou. 1464 
4-25-63

T a k e  n o t ic e  :

(1) That the above named taxpayer is indebted to the 
State of North Carolina on account of duly assessed In­
come taxes, penalties and interest, in the amount as follows:

YEAR TAX PENALTY INTEREST TOTAL

1961 $111.53 $11.15 $6.69 $129.37
Plus additional interest on $111.53 at 6% from 4-15-63 
until paid.

(2) That W. A. Johnson, Commissioner of Revenue, who 
is duly authorized and required by law to collect on behalf 
of the State of North Carolina the taxes referred to in 
Paragraph One, is informed and believes, and so alleges, 
that the amount of not less than $129.37 is belonging, ow-

Resume of Negro Teachers



79a

ing, or to become due from the garnishee to the said tax­
payer.

(3) That under and by virtue of Subsection 2 of Section 
913 of The Revenue Act the said Commissioner of Revenue 
is entitled to attach or garnish the said sum belonging, 
owing, or to become due by the garnishee to the taxpayer, 
and this notice is served to effect such attachment or gar­
nishment in accordance with the provisions of the statute 
referred to.

(4) That the Commissioner of Revenue is of the opinion 
that the only effective remedy for the collection of the tax 
is that herein adopted, and for that reason it is not neces­
sary that a warrant for collection or execution against 
said taxpayer shall have first been returned unsatisfied.

(5) That a copy of the said law authorizing this attach­
ment or garnishment appears on the reverse side of this 
notice as required by law and is incorporated herein by 
reference.

W herefore , W . A . Johnson, Commissioner of Revenue, 
hereby attaches and garnishees the sum set forth in Para­
graph 2, above, belonging, owing, or to become due from 
the garnishee to the taxyayer, and notifies the said gar­
nishee to pay said sum to the Commissioner of Revenue 
or his agents in order that all of said sum, or so much 
thereof as may be necessary, may be applied to the tax 
liability of the said taxpayer, hereinbefore set forth, in 
accordance with the provisions of law, and subject to the 
limitation that if the amount owing or to become due to 
the taxpayer consists of salary or wages, only ten per cent

Resume of Negro Teachers



80 a

per month of salary or wages is required to be paid to 
the Commissioner of Revenue pursuant to this notice.

W itn ess  my hand and official seal, this the Third day of 
April, 1963.

L. H. P a r m e l e  

Box 927
Hendersonville, N.C.

W  A J o h n s o n  

Commissioner of Revenue

By: (Illegible)
Deputy of Department of Revenue

Resume of Negro Teachers



81a

XX. S. TREASURY DEPARTMENT ----  INTERNAL REVENUE SERVICE

FORM 668-A 
(REV. JANUARY 1962)

NOTICE OF LEVY
[ e m b l e m ] 

t o  :
Hendersonville City Schools 
Supt.’s Office 
131 5th Ave., West 
Hendersonville, N.C.

DATE

March 10, 1964

You are hereby notified that there is now due, owing, and 
unpaid from (Name and Address of Taxpayer)

Annie R. Fowler, 149 Burton Street, Asheville, N.C.

to the United States of America the sum of
One Hundred Eleven & 39/100-----------Dollars $111.39

Resume of Negro Teachers

CLASS OF TAX AND PERIOD DATE OF REFERENCE NO. UNPAID

ASSESSMENT BALANCE

Addl. IT 1959 9-13-63 9-13-63 D 13204 $106.93
STATUTORY TOTAL

ADDITIONS

$4.46 $111.39
Mailed 4/2/64 

State Voucher #92
in amt. of $62.10

T o t a l  A m o u n t  D u e $111.39

You are further notified that demand has been made upon 
the taxpayer for the amount set forth herein, and that such 
amount is still due, owing, and unpaid from this taxpayer.



82a

and that the lien provided for by Section 6321, Internal Rev­
enue Code of 1954, now exists upon all property or rights to 
property belonging to the aforesaid taxpayer. Accordingly, 
you are further notified that all property, rights to property, 
moneys, credits, and bank deposits now in your possession 
and belonging to this taxpayer (or with respect to which 
you are obligated) and all sums of money or other obliga­
tions owing from you to this taxpayer are hereby levied 
upon and seized for satisfaction of the aforesaid tax, to­
gether with all additions provided by law, and demand is 
hereby made upon you for the amount necessary to satisfy 
the liability set forth herein, or for such lesser sum as you 
may be indebted to him, to be applied as a payment on his 
tax liability.
DISTRICT DIRECTOR OF INTERNAL REVENUE

J. E. W a l l

b y  (Signature) t it l e

B i l l y  B .  L e w is  Revenue Officer
C e r t if ic a t e  o f  S e r v ic e

I hereby certify that this levy was served 
by delivering a copy of this notice of levy 
to the person named at the right hereof.

NAME
R u b y  B .  B r o o k s h in e

TITLE

Treasurer
DATE AND TIME

3/12/64 9:00 A.M.
SIGNATURE OF REVENUE OFFICER

as of 3/12 
62.10

Part 2— To be retained by addressee

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83a

Resume of Negro Teachers

$50.17
Amt of levy 

April 27, 1964
Mr. Billy B. Lewis, Revenue Officer 
Internal Revenue Service 
P. 0. Box 171 
Asheville, North Carolina

Dear Mr. Lewis:

We are sorry that we must return the Notice of Levy for 
Annie R. Fowler without a payment on the levy. Our 
teachers are paid on the 25th of each month, on a 20-day 
teaching basis. Pay vouchers which were released this 
morning cover salaries earned by our teachers through 
May 7, 1964. Therefore, there was no money due or owing 
to this employee at the time the levy was received.

Sincerely yours,

Hugh D. Randall 
Superintendent

HDR :RB
Enclosures



84a

Resume of Negro Teachers

NINTH AVENUE SCHOOL 

P erson n el-D ata-s h e e t

Name:
Doris Y. Greene (5th grade)

Telephone No.:
OX 3-6483

Permanent Mailing Address:
P. O. Box 801, Hendersonville, N. C.

Area of Certification:
Grammar (A) Probation

National Teacher’s Exam (Highest) Score:
428 (450 is needed for an “A ” )

Type of Certificate:
Grade A Elem. V

Degree: Bachelor of Science M ajor: Elementary Ed. 
Minor: Physical Ed.

College Attended:
Winston-Salem State

Year Graduated: 1964

Years of experience in Hendersonville City System: One 
Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year! 
(Yes)

If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

Pupils are pupils regardless of race, creed, religion 
or color. I am a teacher, therefore it is my responsi­
bility to teach in any situation that I may encounter.



85a

True, in an intergrated situation there may be ad­
vantages for both child & teacher, but my main pur­
pose still is to depart knowledge. I feel there should 
be no great difference in teaching in an intergrated 
situation.

Professional Organizations:
Teacher Welfare

School: Ninth Avenue 

Date: 12/8/65 

Appraiser: L. H. Anderson 

Teacher: Miss Doris Greene 

Summary: Good potentials 

Position: 5th Grade Teacher

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  of T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  3 0

2. E m o t io n a l  M a t u r it y  : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional controlf Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 0  3 4

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86a

3. M e n t a l  A d a p t a b il it y . IIoiv successful does the teacher
meet neiv ‘problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 2 GO 4

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 0  3 4

5. L e a d e r s h ip . H ow successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 1 2  0  4

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . Hoiv effective is the
teacher in understanding and meeting the personal and 
social needs of boys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 2  0  4

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87a

- f  Classroom Observation & Evaluation.

-f- Tone—good—Room very attractive.

-f- Teacher has improved greatly since last evaluation, 

- f  She seems to have a better sense of direction.

-f- Class is more pupil centered.

+  Teacher presented thought provoking situations to 
the class—good.

+  Very good use of audio-visual materials.

+  Miss Greene is a neophyte, but she has good poten­
tials as a teacher.

School: Ninth Avenue 

Date: ?
Appraiser: L. H. Anderson 

Teacher: Mr. Greene 

Summary: Needs Help 

Position: 7th & 8th Grades

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . R ow favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2 GO 4

Resume of Negro Teachers

3 /



88a

2. E m o t io n a l  M a t u r i t y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 0  2 3 4

3. M e n t a l  A d a p t a b il it y . How successful does the teacher
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 2  3 4

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 0  2 3 4

5. L eadersh ip . H ow successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 0  2 3 4

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89a

6. T each er -P u p il -R e l a t io n sh ip . How effective is the 
teacher in understanding and meeting the personal and 
social needs of hoys and girls? Consider recognition of 
individual differences, creation, of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 2  3 4

Attractive classroom.

No control of pupils.

Very poor communication between teacher & pupils. 

Pupils have little or no respect for him.

Brings his problems to school.

Could be an average teacher if he gets help.

Resume of Negro Teachers



90a

NINTH AVENUE SCHOOL 

P e r s o n  n e l -D a t a - S h e e t

N ame:
Claude Hostler 1965-66

Telephone No.:
OX 2-2375

Permanent Mailing Address:
820 7th Avenue, West Hendersonville, N.

Area of Certification:
Grammar

National Teacher’s Exam (Highest) Score:

Please check if you have not taken the test:

Type of Certificate:
Grade “A ” Elem. Grammar

Degree: B. S. Major: Elem. Ed.

College Attended:
Fayetteville State Teacher College 
Year Graduated: 1953

Others Attended:
Winston-Salem State College 
Year: 1963
North Carolina State College 
Year: 1956
Western Carolina College 
Year: 1962

Please check if attended for:
Certification Purposes V 
Advance Degree V

Resume of Negro Teachers

Wodesboro

C.

V



91a

Years of experience in Hendersonville City System: 8 yrs.
Other teaching experience:

Rosenwald High School, Fairmont, North Car.
Years: 1953-1957

Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)

If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

Professional Organizations:
North Carolina Teachers’ Association, National Edu­
cation Association and North Carolina Classroom 
Teachers’ Association

School: Ninth Avenue 

Date: Dec. 10, 1964 

Appraiser: L. H. Anderson 

Teacher: Mr. C. Hostler 

Summary: Needs help 

Position: 8th Grade Teacher

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  0  4

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92a

2. E m o t i o n a l  M a t u r i t y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 0  3 4

3. M e n t a l  A d a p t a b il it y . How successful does the teacher
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 0  3 4

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 0  2 3 4

5. L e a d e r s h ip . How successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 0  2 3 4

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . How effective is the 
teacher in understanding and meeting the personal and

Resume of Negro Teachers



93a

social needs of hoys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 2  3 4

Classroom atmosphere is always poor. Teacher doesn’t 
seem to have any control of pupils.

Students are not motivated. They pay little or no 
attention to the teacher. Private conversations going 
on while some are trying to discuss lessons.

No discipline.

Resume of Negro Teachers



94a

Resume of Negro Teachers

NINTH AVENUE SCHOOL 

P erson n el-D ata-S h e et

N ame:
Mrs. Loree Griffin Jackson 

Employed Spartanburg City

Telephone No.:
OX 3-4239

Permanent Mailing Address:
914 First Avenue West, Hendersonville, N. C.

Area of Certification:
Science

National Teacher’s Exam (Highest) Score:

Please check if you have not taken the test: y

Type of Certificate:
Grade A Secondary y

Degree: Bachelor of Science

College Attended:
Shaw University 
Year Graduated: 1938

Others Attended:
Bennett College (1st yr college) 
Year: 1934
North Carolina College 
Year: 1945 
A. & T. College 
Year: 1959
A. & T. College (Science Institute) 
Year: 1962



95a

Please check if attended for:
Certification Purposes V 
Institute V

Years of experience in Hendersonville City System:
5 years

Other teaching experience:
Jones County—Trenton, N. C.
Years: 1939-42
Greene County Training School—Snow Hill, N. C. 
Years: 1942-43
Lincoln Heights—Wilkesboro, N. C.
Years: 1943-1948
Washington High—Clarkton, N. C.
Years: 1948-1955
Carver High School— Spindale, N. C.
Years: 1955-1959

Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)
I f yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

Professional Organizations:
NEA, N.C.T.A. Science Teachers Association, Class­
room Teachers Ass.

Resume of Negro Teachers



96a

School: Ninth Avenue 

Date: November 

Appraiser: L. H. Anderson 

Teacher: Mrs. Jackson 

Summary: Very good teacher 

Position: Science & math

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and manner? Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2 d] 4

2. E m o t io n a l  M a t u r it y  : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4

3. M e n t a l  A d a p t a b il it y . How successful does the teacher
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 2  3 0

Resume of Negro Teachers



97a

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  3 0

5. L e a d e r s h ip . H ow successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 1 2  3 0

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . How effective is the
teacher in understanding and meeting the personal and 
social needs of boys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 2  3 0

-)- Works well with pupils.

-(- Very cooperative.

-f- Lessons meaningful.
-j- Very good use of audio-visual materials.

Resume of Negro Teachers



98a

Resume of Negro Teachers

NINTH AVENUE SCHOOL 

P ersonne :l-D ata-S h:eet

Name:
Lemuel Carl Jones, Jr.

Telephone No.:
OX 3-3611

Permanent Mailing Address:
836 3rd Avenue West

Area of Certification:
Health & Physical Education

Type of Certificate:
Grade A Secondary V

Degree: B. A. Major: Health & Physical Ed.

College Attended:
Saint Augustine’s College 
Year Graduated: 1962

Years of experience in Hendersonville City System: 
Three Years

Do you wish to be considered for a teaching position in
the Hendersonville City Unit for the 1965-66 school year!
(Yes)

If yes, please give a brief statement of how you feel about
teaching in an integrated situation.

I would feel the same as I have in the past. The 
aims and the objectives are the same in education in 
any situation.

Professional Organizations:
Classroom Teacher, Hendersonville Unit. NCTA



99a

School: Ninth Avenue 
Date: 1/11/65 
Appraiser: L. H. Anderson 
Teacher: Mr. Jones 
Summary: Good teacher 
Position: Phy. Ed. & Coach

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2 Op 4

2. E m o t io n a l  M a t u r i t y  : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional controlf Consider disposition, 
sense of humor, restraint arid self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2 HI 4

3. M e n t a l  A d a p t a b il it y . Iiow successful does the teacher
meet new problems with intelligent planning and sound 
judgmentf Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 2 [5] 4

Resume of Negro Teachers



100a

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  3( 4]

5. L e a d e r s h ip . H ow successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 1 2  3 0

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . How effective is the
teacher in understanding and meeting the personal and 
social needs of boys and girlsf Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 2  3 0

Has very good control of pupils.
Works very hard to be successful.
Has very good potentials.
Loves his work.
Very good use of audio-visual materials.
Very dependable.

Resume of Negro Teachers



101a

Resume of Negro Teachers

NINTH AVENUE SCHOOL 

P erson n el-D ata-S heet

Name:
(Mrs.) Vanbureau H. Marsh 

Telephone No.:
692-6514

Permanent Mailing Address:
813 Sixth Ave. W., Hendersonville 

Area of Certification:
Elementary Education

National Teacher’s Exam (Highest) Score: 598 
Type of Certificate:

Grade A
Degree: B. S.—M. S. Major: B. S. Elem. Ed. M. S.- 

Educ. Psychology Minor: M. S,—Elem. Ed.
College Attended:

Virginia State College 
Year Graduated:

1938—Normal 1946—B. S. 1957—M. S.
Others Attended:

Western Carolina 
Year: Pall—Ext. 1963 

Please check if attended for:
Advance Degree V
Institute V
Professional Growth V

Years of experience in Hendersonville City System:
3 years

Other teaching experience:
Sussex County—Virginia (Primary Grades)
Years: 3%
Petersburg, Virginia—5th Grade



102a

Resume of Negro Teachers 

Years: 2% yrs. Appx.
Petersburg, Virginia— Primary Grades (1 & 2)
Years: 18 yrs. Appx. (20% yrs.)
Virginia State College—Supervising Teacher 
Years: 3 yrs. (simultaneously with above)
Virginia State College—Asst, to Director. Reading 

Clinic.
Years: Summer 1961

Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)
If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

I view teaching as a profession irrespective of its 
being exercised in an integrated or segregated situa­
tion. Children are typical and yet are at the same 
time individuals with common characteristics, the 
most common of these being their individuality and 
possession of individual differences. This is true of 
children of all ethnic groups. Because of the preceding 
I would feel the challenge of teaching children as 
keenly in one type situation as the other. And at 
the same time I would also feel the challenges of 
holding high the standards of the profession as 
strongly in one situation as the other.

Professional Organizations:
N.E.A., N.C.T.A., Classroom Teachers Organization— 
Dept, of N.C.T.A., A.T.A., [Association for Student 
Teaching, through 1963— Spring. This was discon­
tinued at this time because of lack of association with 
Student Teaching Program as of Fall, 1962 when first 
employed in Hendersonville.]



103a

School: Ninth Avenue 

Dated: 1/4/65 

Appraiser: L. H. Anderson 

Teacher: Mrs. Marsh 

Summary: Excellent teacher 

Position: 1st Grade teacher

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . H ow favorably does the 
teacher impress you and others by his or her general 
appearance and manner? Consider hearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2 GO 4

2. E m o t io n a l  M a t u r i t y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4

3. M e n t a l  A d a p t a b il it y . H ow successful does the teacher
meet new problems with intelligent planning and sound, 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment. 0 1 2  3 0

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so-

Resume of Negro Teachers



104a

cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  3 0

5. L e a d e r s h ip . How successful is the teacher in releasing
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes. 0 1 2  3 0

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . How effective is the
teacher in understanding and meeting the personal and 
social needs of hoys and girlsf Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization. 0 1 2  3 0

-f- A very resourceful person.
+  Keeps up to date with research in the field.
-f- Loves children—works hard—devoted to duty.
+  Children are given every opportunity to express 

themselves.
-j- Excellent use of audio-visual materials.
-f- Very attractive classroom.

Plans lessons well in advance.

Resume of Negro Teachers



105a

NINTH AVENUE SCHOOL 

P ersonnee-D ata-S heet

Name:
Addie M. Miller

Telephone No.:
3-5287

Permanent Mailing Address:
P. 0. Box 443

Area, of Certification:
Elementary Education

National Teacher’s Exam (Highest) Score:

Please check if you have not taken the test: V

Type of Certificate:
Grammar Grade A

Degree: B. S. M ajor: Elementary Ed. Minor: Science 
College Attended:

Winston Salem State College 
Year Graduated: 1946

Others Attended:
A. & T. College 
Year: 1958
Western Carolina College 
Year: 1963

Please check if attended fo r :
Advance Degree V

Years of experience in Hendersonville City System: 37 yrs. 
Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)

Resume of Negro Teachers



106a

I f yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

I am desirous of being considered for a teaching 
position in the Hendersonville City Unit for the year 
1965-66.

I feel that I could continue the service for which 
I have devoted the greater portion of my life ; that of 
helping in the training of the minds of youth.

Professional Organizations:

North Carolina Teachers Association, The Class Room 
Teacher, Winston Salem Alumni Association, Lambda 
Beta Chapter of the Zeta Phi Beta Sorority.

School: Ninth Avenue 

Date: November 

Appraiser: L. H. Anderson 

Teacher: Mrs. Miller 

Summary: Excellent teacher 

Position: 7th Grade teacher

Resume of Negro Teachers

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . R ow favorably does the 
teacher impress you and others by his or her general 
appearance and manner? Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2 [J] 4



107a

2. E m o t io n a l  M a t u r i t y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2 3 0
3. M e n t a l  A d a p t a b il it y . R ow successful does the teacher 

meet new problems with intelligent, planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

0 1 2 3 0
4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 

by a clearly formulated social philosophy9 Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  3 0
5. L e a d e r s h ip . Flow successful is the teacher in releasing 

and guiding the thinking of others and in helping them 
follow an intelligent course of actionf Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

Resume of Negro Teachers

0 1 2  3 0



108a

6. T each er-P u p il -R e l a t io n s h ip . How effective is the 
teacher in understanding and meeting the 'personal and 
social needs of hoys and girlsf Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

0 1 2  3 [ i ]

Comment:
Mrs. Miller is a very devoted and dedicated teacher. 

The children in her class are highly motivated. 

Classroom is always very attractive.

Teacher is resourceful, understanding.

Resume of Negro Teachers

NINTH AVENUE SCHOOL 

P erson n e l -D ata- S h eet

Name:
Mary Valentine Mims V

Telephone No.:
693-5490

Permanent Mailing Address:
P. 0. Box 445, Henderson, North Carolina

Area of Certification:
Vocational Home Economics

National Teacher’s Exam (Highest) Score:



109a

Please check if you have not taken the test: No

Type of Certificate:
Grade A Secondary X

Degree: B. S. Major: Vocational H. E.

College Attended:
North Carolina at Durham 
Year Graduated: June, 1948

Others Attended:
North Carolina at Durham 
Year: 1952 and ’58

Please check if attended for:
Certification Purposes X  
Advance Degree X

Years of experience in Hendersonville City System: 13

Do you wish to be considered for a teaching position in
the Hendersonville City Unit for the 1965-66 school year?
(Yes)
If yes, please give a brief statement of how you feel about
teaching in an integrated situation.

Integration will pose no more of an educational 
challenge to me than segregation. Childrens’ needs 
are the same.

Professional Organizations:
NEA, NCTA, CTA, AHEA, AVA AND NEA-DHE

Resume of Negro Teachers



110a

School: Ninth Avenue 

Date: November 

Appraiser: L. H. Anderson 

Teacher: Mrs. M. V. Mims 

Summary: Very good teacher 

Position: Home Economics

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T eachers

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  3  0

2. E m o t io n a l  M a t u r it y  : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0  1 2  0  4

3. M e n t a l  A d a p t a b il it y . H ow successful does the teacher 
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar-

Resume of Negro Teachers



111a

ity of expression, common sense, willingness to experi­
ment.

0 1 2  3 0
4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 

by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  0  4
5. L e a d e r s h ip . H ow successful is the teacher in releasing

and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

0  1 2  3  0

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . How effective is the 
teacher in understanding and meeting the personal and 
social needs of boys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

0 1 2  0  4
+  Very good relationship existing between teacher and

pupils.

Resume of Negro Teachers



112a

- f  Classes are pupil centered—good structure.

-f- Teacher uses audio-visual materials extensively, 

- f  Work is well planned.

-j- Pupils are highly motivated.

NINTH AVENUE SCHOOL 

P erso n n el-D ata-S h eet

Resume of Negro Teachers

Name:
(Mrs.) Evelyn Frances Davenport Petty

Telephone No.:
894-4286

Permanent Mailing Address:
Box 82, Mill Spring, North Carolina

Area of Certification:
English—French

National Teacher’s Exam (Highest) Score:
A in S. C.

Type of Certificate:
Grade A Secondary V

Degree: Major: English Minor: French, Psychology

College Attended:
Johnson C. Smith University 
Year Graduated: 1952

Others Attended:
North Carolina College at Durham
Year: 1954 Summer
North Carolina College at Durham



113a

Resume of Negro Teachers 

Year: 1961 Summer
University of Tennessee, Knoxville, Tenn.

(French Institute)
Year: 1964 Summer

Please check if attended for:
Advance Degree V 
Institute V

Years of experience in Hendersonville City System: 2

Other teaching experience:
Ridgeview High School, Hickory, N. C.
Years: 4
C. A. Johnson High School, Columbia, S. C.
Years: 2
Johnson C. Smith University, Charlotte, N. C.
Years: 1

Do you wish to he considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)
If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

I feel that teaching in an integrated situation should 
he no different than any other. When one changes 
positions there is a period of adjustment; the period 
of adjustment should he no greater.

Professional Organizations:
N.C.T.A.; N.E.A.; N.C.T.E.; A.A.T.F.



114a

School: Ninth Ave.

Date: 1/5/65

Appraiser: L. H. Anderson

Teacher: Mrs. Petty

Summary About average

Position: English teacher

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 0  3 4

2. E m o t io n a l  M a t u r i t y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional controlf Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4

3. M e n t a l  A d a p t a b il it y . How successful does the teacher 
meet neiv problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

Resume of Negro Teachers

0  1 0  3 4



115a

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to lraman welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0  1 2  0  4

5. L e a d e r s h ip . How successful is the teacher in releasing 
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

0  1 2  0  4

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . How effective is the 
teacher in understanding and meeting the personal and 
social needs of boys and girls9 Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

0 1 0  3 4

Not dependable-—Takes too much for granted.

Should give pupils more of a chance to participate. 

Seems to have problems.

Does not control & direct pupils properly.

Resume of Negro Teachers



116a

Resume of Negro Teachers

NINTH AVENUE SCHOOL 

P erson n el-D ata-s h e e t

Name:
Eva Robinson Pilgrim V

Telephone No.:
OX 3-3611

Permanent Mailing Address:
836 Third Ave. West

Area of Certification:
Primary

National Teacher’s Exam (Highest) Score V

Please check if you have not taken the test: V

Type of Certificate:
Grade A Elem. V

Degree: A. B. M ajor: English Minor: History

College Attended:
South Carolina State 
Year Graduated: 1934

Others Attended:
A & T College at Greensboro, N. C.
Year: 1936
Shaw University at Raleigh, N. C.
Years: 1942, 1945-46
Johnson C. Smith Univ. at Charlotte
Year: 1950

Please check if attended for:
Certification Purposes \/ for N. C.
Institute V



117a

Years of experience in Hendersonville City System: 30 
Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year! 
(Yes)

I f yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

My greatest concern is to meet the needs of every 
child.

Professional Organizations:
N.E.A., N.C.T.A., C.T.A.

School: Ninth Avenue

Teacher: Mrs. Pilgrim

Date: 12/10/64

Summary: Excellent

Appraiser: L. H. Anderson

Position: 2nd Grade Teacher

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  3 0

2. E m o t io n a l  M a t u r i t y : To what extent does the teacher 
exhibit a desirable balance between emotional respon-

Resume of Negro Teachers



118a

siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2 3 [T]

3. M e n t a l  A d a p t a b il it y . How successful does the teacher 
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

0 1 2 3 0

4. S o c ia l  I n t e r e s t . To what extend is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  3 0

5. L e a d e r s h ip . H ow successful is the teacher in releasing 
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

0 1 2 GO 4

6. T e a c h e r - P u p i l - R e l a t i o n s h i p . How effective is the 
teacher in understanding and meeting the personal and

Resume of Negro Teachers



119a

social needs of hoys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

0 1 2  0  4

Devoted to duty. Enjoys her work.
Well liked by her students. Works well with children. 
Gives children an opportunity to think for themselves.

Good discipline.

Attractive Classroom.

Pupil Centered Class.

Resume of Negro Teachers

NINTH AVENUE SCHOOL 

P erson x e l -D ata-S h eet

Name:
Miss Elizabeth Y. Roberts

Telephone No.:
692-5769

Permanent Mailing Address:
200 Prow Avenue, Coral Gables, Florida

Area of Certification:
Primary—A

National Teacher’s Exam (Highest) Score: 423



120a

Type of Certificate:
Grade: Elem. V

Degree: B. A. Major: Elementary Education

College Attended:
Saint Augustine’s College 
Year Graduated: 1963

Years of experience in Hendersonville City System: 2 years 
Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(No)
Professional Organizations:

N.E.A., N.C.T.A.

Resume of Negro Teachers

School: Ninth Ave.

Teacher: Miss Roberts 

Date: 12/8/64

Appraiser: Leon H. Anderson 

Position: Teacher

C h e c k  S h e e t

P e r s o n a l  a n d  P r o f e s s io n a l  Q u a l it ie s  o f  T e a c h e r s

1. P e r s o n a l  A t t r a c t iv e n e s s . How favorably does the 
teacher impress you and others by his or her general 
appearance and manner? Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  3 4



121a

2. E m o t io n a l  M a t u r i t y  : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional controlf Consider disposition, 
sense of humor, restraint and seif and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  3 1

3. M e n t a l  A d a p t a b il it y . How successful does the teacher 
meet new problems with intelligent planning and sound 
judgmentf Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

0 1 2  3  4

4. S o c ia l  I n t e r e s t . To what extent is the teacher activated 
by a clearly formulated social philosophy f  Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  3  4

5. L e a d e r s h ip . How successful is the teacher in releasing 
and guiding the thinking of others and in helping them 
follow an intelligent course of actionf Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

Resume of Negro Teachers

0  1 2  3 4



122a

6. T each er -P u p il -R e l a t io n sh ip . R ow effective is the 
teacher in understanding and meeting the personal and 
social needs of boys and girlsf Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

0 1 2  3 4
Math

I. Group of children at blackboard working problems.

II. Tone—good—classroom attractive.

III. Other children at seats bored— should have been 
given some challenging work.

IV. Children not interested—low interest.

V. Work should have been more meaningful.

3/ Marked improvement shown since last evaluation. 
Teacher is taking more time with her work.
Planning is good.
Excellent relationship.

NINTH AVENUE SCHOOL

P ersonnel-D ata-S h e et

N ame:
Mrs. Thelma Spruill Robinson

Resume of Negro Teachers

Telephone No.: 
693-4239



123a

Permanent Mailing Address:
308-A-Cumberland St., Greensboro, N. C.

Area of Certification:
Voice and Music Education

National Teacher’s Exam (Highest) Score: 408

Type of Certificate:
Grade B Secondary V

Degree: Bachelor Art
Major: Voice Minor: Music Education

College Attended: Bennett College 
Year Graduated: 1963

Years of experience in Hendersonville City System: 
Eight-half-months

Do you wish to be considered for a teaching position in
the Hendersonville City Unit for the 1965-66 school year?
(Yes)
If yes, please give a brief statement of how you feel about
teaching in an integrated situation.

I feel that teaching in an integrated society isn’t 
any more challenging than the present situation. The 
purposes, goals, and aims the same. I realize that 
there may be tense feelings, but if these feelings are 
given a great deal of attention they will be manified.

Professional Organizations:
National Music Educators Conference
North Carolina Classroom Teachers Association

Resume of Negro Teachers



124a

School: Ninth Avenue 

Teacher: Mrs. T. S. Eobinson 

Date: 1/11/65 

Summary: Good 

Appraiser: L. H. Anderson 

Position: Music Teacher

C h e c k  S heet

P ersonal and  P rofessional Q ualities of T eachers

1. P ersonal A ttractiveness. How favorably does the 
teacher impress you and others by his or her general 
appearance and manner? Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2 [|] 4

2. E m o tio n al  M a t u r it y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness ancl emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4

3. M en tal  A d aptability . R ow successful does the teacher 
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

Resume of Negro Teachers

0 1 2  0  4



125a

4. S ocial I n terest . To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to Iranian welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2 GO 4

5. L eadersh ip . IIow successful is the teacher in releasing 
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

0 1 2 no 4

6. T each er-P u p il -R e l a tio n sh ip . IIow effective is the 
teacher in understanding and meeting the personal and 
social needs of boys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

0 1 2  0  4

Mrs. Robinson is a neophyte, but a very good teacher.

She is very strong in the area of music and very de­
voted and cooperative.
Uses audio—Visual materials extensively.

Resume of Negro Teachers



126a

NINTH AVENUE SCHOOL 

P ersonnel-D ata-s h e e t

Name:
Louise A. Robinson

Telephone No.:
OX 2-4083

Permanent Mailing Address:
P.O.B. 443, Hendersonville, N. C.

Area of Certification:
Graduate

National Teacher’s Exam (Highest) Score: 430

Type of Certificate:
Grade A Elem. V

Degree: B. A. M ajor: Elementary Education

College Attended: Livingstone College 
Year Graduated: 1956

Please check if attended fo r :
Certification Purposes V 
Institute V

Years of experience in Hendersonville City System: 
Eight years

Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)

If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

Meeting the need of any child is my greatest concern.

Resume of Negro Teachers



127a

Professional Organizations:
N.E.A., N.C.T.A., Local Classroom Teachers, 
Teachers’ Welfare

School: Ninth Avenue
Teacher: Mrs. L. H. Robinson
Date: 12/9/65
Summary: Excellent Teacher
Appraiser: L. H. Anderson
Position: 6th Grade Teacher

Ch e c k  S h eet

P ersonal and  P rofessional Q ualities  of T eachers

1. P ersonal A ttractiveness . How favorably does the 
teacher impress you and others by his or her general 
appearance and manner? Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2 GO 4

2. E m o tio n al  M aturity  : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional control? Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2 3 0

3. M en tal  A daptability . How successful does the teacher 
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re-

Resume of Negro Teachers



128a

sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

0 1 2  3 0

4. S ocial I nterest . To what extent is the teacher activated 
by a clearly formulated social philosophyf Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  0  4

5. L eadersh ip . How successful is the teacher in releasing 
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

0 1 2  3 0

6. T eacher-P u p il -R e l a t io n sh ip . H ow effective is the 
teacher in understanding and meeting the personal and 
social needs of boys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

Resume of Negro Teachers

0 1 2  3 0



129a

Classroom observation social studies class.

Tone—Very good—Classroom very attractive.

Excellent motivation—Interest very high.

Technique in asking questions very good.

Evidence of good planning demonstrated.

Class was organized around pupil interest.

Teacher did not lead pupils, but gave them an op­
portunity to project their own thinking.
Teacher—Very resourceful—Good use of audio—Visual 
Materials.

NINTH AVENUE SCHOOL 
P ersonnel-D ata-s h e e t

Name:
Odell M. Rouse

Telephone No.:
693-3192

Permanent Mailing Address:
P. 0. Box 802

Area of Certification:
Primary Education

National Teacher’s Exam (Highest) Score

Please check if you have not taken the test: V

Type of Certificate:
Grade A Elem.

Degree: B. S. Major: Education Minor: Science

College Attended:
Winston Salem State 
Year Graduated: 1946

Resume of Negro Teachers



130a

Resume of Negro Teachers

Others Attended:
North Carolina College Year 1950
A & T College Year 1955
Western Carolina Year 1963

Please check if attended for:
Advance Degree V

Years of experience in Hendersonville City System: 37

Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)
If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

I recognize children as being individuals with in­
dividual differences.

Professional Organizations:
NEA, NCTA, NCACT, Letu Phi Beta Sorority Inc.

School: Ninth Avenue 

Teacher: Mrs. Rouse 

Date: 12/10/64 

Summary: Very good teacher 

Appraiser: L. H. Anderson 

Position: 1st Grade Teacher

C h e c k  S heet

P ersonal and  P rofessional Q ualities  of T eachers

1. P ersonal A ttractiveness . How favorably does the 
teacher impress you and' others by his or her general



131a

appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 0  3 4

2. E m o tio n al  M a t u r it y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional controlf Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  3 0

3. M en tal  A d apta bility . How successful does the teacher 
meet new problems with intelligent planning and sound 
judgmentf Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

0 1 2  0  4

4. S ocial I nterest . To what extent is the teacher activated 
by a clearly formulated social philosophy f  Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  0  4

5. L eadership . How successful is the teacher in releasing 
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re-

Resume of Negro Teachers



132a

spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

0 1 2  0  4

6. T eacher-P u p il -R e la tio n sh ip . How effective is the 
teacher in understanding and meeting the personal and 
social needs of hoys and girlsf Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

0 1 2  3 0

Good teacher.
Understands and loves children.

Works well with others.
Tone—very good—voice control—very good.

Classroom atmoshere is warm—good control.

Presents good situations for students to be creative. 

superintendent’s copy

North Carolina Public Schools
HEALTH EXAMINATION CERTIFICATE*

(Required of all persons in the public schools by the 
Public School Laws of North Carolina, Section 115-143.)

1. N a m e : Mrs. Odell Rouse A ge 56 R ace N S ex  F

2. A ddress : 912 Holmes St. Hendersonville, N. C.

Resume of Negro Teachers

* Items 1 through 10 required in all eases. Items 11 required if free 
x-ray facilities are available. Other items are optional.



133a

3. B lood P r e ssu r e : 134 /78  W e ig h t : 219 
H eigh t  : 6 5 / / "

4. S m a l l p o x : Previous attack: No

5. S k i n : (Record any evidence of disease) V
6. V is io n : Without glasses; R : 20/40; L : 20/60;

With glasses; R : 20/25; L : 20/25
7. H e a r in g : Ordinary conversation, R : 20/20ft.,

L : 20/20ft. Hearing aid used: No

8. M o u t h , N ose, T h r o a t : (Record any evidence of dis­
ease or presence of speech defect) Neg.

9. H e a r t : (State whether individual can undergo normal 
activity) No limitations

10. L u n gs  : Clear
11. X -R ay of C h e s t : (Record date and findings)

1964 Negative X  Ray
12. A b d o m e n : (Record any abnormality found, including 

hernia) Neg
13. G en ito -U rin a ry  : (Record any abnormalities found, re­

sult of urinalysis, and if necessary microscopic ex­
amination of discharge) Negative

14. S erological T est for S y p h il is : (Record date and re­
sult) —

15. N ervous and  M e n t a l : (Record any defects found) —

16. A dditional  F indings  : —

17. R eco m m en d atio n s : -—

Resume of Negro Teachers



134a

This is to certify that an examination of the above- 
named person shows the results indicated, and that 
she is free of tuberculosis or other communicable 
disease, or any disease physical or mental which will 
impair the ability of said person to perform her duties.

Date: September 19, 1964
Signature of Physician: J. D. Lutz, M.D.

Resume of Negro Teachers

NINTH AVENUE SCHOOL 
P ersonnel-D ata-S h eet

N ame:
Mrs. Mary Ann H. White (3rd grade)

Telephone No.: 
none

Permanent Mailing Address:
822 7tli Ave. W. Hendersonville, N. C.

Area of Certification:
North Carolina

National Teacher’s Exam (Highest) Score: 
403 (450 needed for “A” )

Type of Certificate:
Grade A Probational

Degree:
B. A.

College Attended:
Livingstone College

Year Graduated: 
1964



135a

Years of experience in Hendersonville City System: 
one year

Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)
If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

Professional Organizations:
North Carolina Teachers Association, & N. E. A.,
C.T.A., Teachers Welfare

School: Ninth Ave.

Date: 12/8/64
Appraiser: Leon H. Anderson 

Teacher: Mrs. M. A. White 

Summary: Good Potential 

Position: Teacher

Resume of Negro Teachers

Ch e c k  S heet

Personal and  P rofessional Q ualities of T eachers

1. P ersonal A ttractiveness. How favorably does the 
teacher impress you and others by his or her general 
appearance and manner? Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2 0  4

2. E m otion al  M a t u r it y : To what extent does the teacher 
exhibit a desirable balance between emotional respon-



136a

siveness and emotional controlf Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4

3. M en tal  A daptability . How successful does the teacher 
meet new problems with intelligent planning and sound 
judgment? Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

0 1 2  0  4

4. S ocial I ntekest. To what extent is the teacher activated 
by a clearly formulated social philosophy? Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  0  4

5. L eadebsh ip . How successful is the teacher in releasing 
and guiding the thinking of others and in helping them 
follow an intelligent course of action? Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

0 1 2  3 0

6. T eacher-P u p il -R e l a t io n sh ip . How effective is the 
teacher in understanding and meeting the personal and

Resume of Negro Teachers



137a

social needs of hoys and girls? Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

0 1 2  3 0
Spelling

I. Introduction of lesson—motivation—very good.

II. Tone—good—Classroom very attractive.

III. Interest very high pupils enjoyed working.
IV. Teacher had command of the situation—very famil­

iar with her work-techniques very good—

Comment:
Mrs. White could develop into a very good teacher with 
the proper supervision.

NINTH AVENUE SCHOOL 
P ebsonnel-D ata-S h eet

Name:
Miss Doris Theressa Wigfall

Telephone No.:
692-4062

Permanent Mailing Address:
20 Flower Drive, Greenville, South Carolina 29605

Area of Certification:
Elementary Education (Grammar Grades)

Resume of Negro Teachers



138a

National Teacher’s Exam (Highest) Score:
429

Type of Certificate:
Grade A Elem. x

Degree:
B. A. Major: Elem. Education Minor: None

College Attended:
Johnson C. Smith University

Year Graduated:
1960

Others Attended:
^University of North Carolina Year: 1965

Please check if attended for:
Advance Degree V

Years of experience in Hendersonville City System:
3 Years

Other teaching experience:
Greenville County Schools Years: 2 Years

Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)
If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

I feel that my capabilities are of such that I am able 
to associate intelligently with anyone, regardless of

* Will enter this summer to begin work on a scholarship for certification 
in Special Education.

Resume of Negro Teachers



139a

race, color or creed. Integration would have no bear­
ings on whether I am a good teacher or not.

Professional Organizations:
North Carolina Teachers Association, NEA, Classroom 
Teachers Association

School: Ninth Avenue 

Teacher: Miss Wigfall 
Summary: Good Teacher 

Appraiser: L. H. Anderson 

Position: Special Ed

Resume of Negro Teachers

C h e c k  S heet

P ersonal and  P rofessional Q ualities of T eachers

1. P ersonal A ttractiveness. How favorably does the 
teacher impress you and others by his or her general 
appearance and mannerf Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  0  4

2. E m o tio n al  M aturity  : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional controlf Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4



140a

3. M ental  A d apta bility . Mow successful does the teacher 
meet new problems with intelligent planning and sound 
judgmentf Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

0 1 2  3 0

4. S ocial I nterest . To what extent is the teacher activated 
by a clearly formulated social philosophyf Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  0  4

5. L eadersh ip . How successful is the teacher in releasing 
and guiding the thinking of others and in helping them 
follow an intelligent course of actionf Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

0 1 2  0  4

6. T eacher-P tjpil-R e la tio n sh ip . R ow effective is the 
teacher in understanding and meeting the personal and 
social needs of boys and girlsf Consider recognition of 
individual differences, creation of a friendly secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand-

Resume of Negro Teachers



141a

ing of problems and difficulties, promotion of desirable 
social organization.

0 1 2  3 0

+  Understands pupils and works well with them.

+  Creative.
-j~ Plans her work well.
+  Tone in classroom—Excellent.

-)- Very attractive classroom.

-j- Very cooperative.
-f- Uses audio—visual materials extensively.

4- Directs her pupils well.

NINTH AVENUE SCHOOL 
P ersonnel-D ata-S h eet

Name:
Carrie Mae Work

Permanent Mailing Address:
2750 South West Blvd., Charlotte, N. C.

Area of Certification:
Grammar Grade A

National Teacher’s Exam (Highest) Score: 439

Type of Certificate:
Elem.

Degree: B. S. Major: Education

College Attended:
Winston-Salem State 
Year Graduated: Jan. 1965

Resume of Negro Teachers



142a

Years of experience in Hendersonville City System:
Four months

Do you wish to be considered for a teaching position in 
the Hendersonville City Unit for the 1965-66 school year? 
(Yes)

If yes, please give a brief statement of how you feel about 
teaching in an integrated situation.

I feel that teaching in an integrated situation would 
be the same as the present school situation.

Professional Organizations: N.E.A.

School: Ninth Avenue 

Teacher: Miss C. M. Work 

Date: 4/6/65
Summary: Good potentials 

Appraiser: L. H. Anderson 

Position: Principal

Resume of Negro Teachers

C h e c k  S heet

Personal and  P rofessional Q u alities  of T eachers

1. P ersonal A ttractiveness. How favorably does the 
teacher impress you and others by his or her general 
appearance and manner? Consider bearing, posture, 
dress, grooming, speech and voice: energy, vitality, 
animation: courtesy, sincerity and poise.

0 1 2  3 0



143a

2. E m o tio n al  M a t u r it y : To what extent does the teacher 
exhibit a desirable balance between emotional respon­
siveness and emotional controlf Consider disposition, 
sense of humor, restraint and self and others, feeling of 
security, objectivity of interest, freedom from excessive 
fears and worries, warmth of feeling and expression.

0 1 2  0  4

3. M ental  A daptability . How successful does the teacher 
meet new problems with intelligent planning and sound 
judgmentf Consider alertness, openmindedness, re­
sourcefulness, originality, curiosity, creativeness, clarity 
of understanding, critical analysis, self-direction, clar­
ity of expression, common sense, willingness to experi­
ment.

0 1 2  0  4

4. S ocial I nterest . To what extent is the teacher activated 
by a clearly formulated social philosophy f Consider so­
cial vision, devotion to human welfare, understanding 
of social problems, and background of community, in­
sight into current events, practice of democracy, sense 
of responsibility, cooperativeness, participation in col­
lege or community activities, active citizenship.

0 1 2  0  4

5. L eadershi p . How successful is the teacher in releasing 
and guiding the thinking of others and in helping them 
follow an intelligent course of actionf Consider self- 
confidence, ability to inspire others, ability to win re­
spect and cooperation of others, executive ability, com­
munication of ideas, forcefulness in speaking, expres­
sion of group purposes.

Resume of Negro Teachers

0 1 2  0  4



144a

6. Teacher-Pupil-Relation sh ip . How effective is the 
teacher in understanding and meeting the personal and 
social needs of boys and girlsf 'Consider recognition of 
individual differences, creation of a friendly .secure at­
mosphere, stimulation of all-round development, mutual 
respect and confidence, providing a stabilizing influence, 
development of initiative and self-reliance, understand­
ing of problems and difficulties, promotion of desirable 
social organization.

0 1 2  3 0

I. Health summary very good. Children were given 
very good motivation for assignment.

II. Class discussion was pupil centered.

III. Language.
A. Book Report.
B. Teacher oriented pupils as to the things that 

should be done in making a book report.

IV. Classroom tone—excellent.
” Very attractive.

V. Children very attentive—No disciplinary problems.

Resume of Negro Teachers



Teacher
Position 

Competing For
College

Attended
Degrees
Earned Certificate

Expe­
rience

NTE and 
Other Data

*M rs. L oree  G. Jackson H.S. Science Shaw B.S. H.S. Science 27 —
H. H. Blankenship H.S. Science TJ.N.C. M.E. G. Science 

French & P.E.
18 Driver

Training
Mrs. Bosalind Pardue H.S. Science Clemson B.S. H.S.-A Science 4 513
Phillip E. Brintnall H.S. Science W. Carolina B.S. Biology & P.E. 1 Traek Coach 

559

*M rs. E velyn  D . P e tty French J. C. Smith B.A. French & English 7 —

*M rs. Grace W . Chambers French Livingstone A.B. English & French 16 522
Dale Lappin French Marion (Indiana) A.B. Art & French 7 672

*M rs. A nn ie B . F ow ler Second Grade Winston Salem B.S. Elementary G 28 —
Mrs. Betty J. Baker Second Grade Furman A.B. Elementary A 6 —
Mrs. Margaret K. King Second Grade A.S.T.C. B.S. Elementary A 29 —

Mrs. Lon Miller Second Grade W. Carolina B.S. Elementary A 20 —
Miss Syretha Sossamon Second Grade Woman’s College A.B. Primary Life 41 —
Mrs. Adelene Parmele Second Grade Flora MacDonald A.B. Elementary A 18 —

Mrs. Ella L. Arledge Second Grade Meredith A.B. Elementary A 18 —

*Claude H ostler Eighth Grade Fayetteville B.S. Elementary A 12 —

John P. Whitmire Eighth Grade E. Tennessee State B.A. Elementary A 1 540
These teachers were not employed.

R
esum

e of N
egro Teachers



Teacher
Position 

Competing For
College

Attended

David E. Sitton 
Mrs. Nell C. Gaffney 
William T. Mauney 
Mrs. Jean Lancaster 
Owen E. Brendell

Eighth Grade 
Eighth Grade 
Eighth Grade 
Eighth Grade 
Eighth Grade

W. Carolina 
Univ. Georgia 
Mars Hill 
Woman’s College 
Mars Hill

*M rs. Y  aribureau Marsh,* First Grade Virginia State
*M rs. Odell M. B ouse First Grade Winston Salem
M rs. E va  P ilgrim First Grade A&M (S. C.)
Mrs. Ruth Ashby First Grade Univ. Tennessee
Mrs. Isabel C. Bruce First Grade Erstine
Miss Sylvia Christopher First Grade W. Carolina

Miss Jan C. Hipps First Grade W. Carolina

* These teachers were not employed.

Degrees
Earned Certificate

Expe- NTE and
rience Other Data

B.S. H.S. Social St. 3 —

B.S. Home Ec A 13 —
B.A. Social St. A 0 500
B.S. Home Ec, Sci.-A 2 540
B.A. Elementary A 0 545

M.S. Elementary A 24 598
B.S. Primary A 39 —
A.B. Primary A 31 —
B.S. Primary A 22 —

A.B. Primary A 37 —
B.S. Primary A 1 600 Trained 

in new un­
graded pri­
mary

B.S. Primary A 1 —- Trained 
in new un­
graded pri­
mary

a>03a
§o>
o

O
05

o>
Cc

146a



Teacher
Position 

Competing Por
College

Attended
Degrees
Earned Certificate

Expe­
rience

NTE and 
Other Data

Mrs. Thelma Pittman First Grade Asheville Teach. B.S. Primary A 13 — Trained 
in new un­
graded pri­
mary

Mrs. Jean Randall First Grade A.S.T.C. B.S. Primary A 18 — Trained 
in new un­
graded pri­
mary

*M iss D oris T. W ig fa ll Special Education J. C. Smith B.A. Elementary A 5 391 (429)
M rs. L ou ise Robinson Special Education Livingstone A.B. Primary A 8 —
M rs. A d d ie  M iller Special Education Benedict B.S. Elementary A 37 —

*M rs. Grace W . Chambers H.S. English Livingstone A.B. English & French 16 522
*M rs. E velyn  D . P e tty H.S. English J. C. Smith B.A. French & English 7 —

Miss Myra Williamson H.S. English W. Carolina A.B. English & Soc. St. i 617
Thomas E. Orr H.S. English U.N.C. B.A. English & Soc. St, 4 Drama Coach 

600
Mrs. Christine Croft H.S. English Bob Jones College B.A. English & French 24 Reading

Specialist

Mrs. Chicora C. ELS. English 
Westmoreland

* These teachers were not employed.

Winthrop College A.B. English & French 27 Journalism

R
esum

e of N
egro Teachers



148a

Resume of Negro Teachers

Teacher Experience NTE Score

Miss Sylvia E. Christopher 0 600

Mrs, Ann C. Shelton 2 560

Mrs. Virginia D. Gesner 0 624

Edgar N. Rudisill 14 653

Miss Sheila D. Gantt 0 610

Miss Judith G. Scruggs 1 618

Owen E. Brendell 0 545

William T. Mauney 0 500

Mrs. Rebecca G. Mauney 0 515

Mrs. Jean F. Lancaster 2 540

John F. Whitmire 1 540

Miss Susan J. Sloan 0 550

Miss Elmyra J. Ledford 1 675

Charles L. Byrd 3 540



149a

Number In Number In

Resume of Negro Teachers

Position 64-65 65-66

First Grade 7 7
Second Grade 7 6
Third Grade 7 6
Fourth Grade 6 6
Fifth Grade 7 6
Sixth Grade 6 6
Seventh Grade 6 6
Eighth Grade 7 6
Special Education (Educable) 1 2
Principals 4 4
Director of Instruction 1 1
Librarians 4 5
Music 5 5
Special Education (Trainable) 3 4
Special Education (Speech) 1 1
English 5 4
Business 2 1
Attendance Counselor 1 1
Social Studies 3 3
Art 1 1
Vocational 5 4
Math 4 3
Spanish 1 1
French 2 1
Latin 1 1
Science 4 3
Guidance 1 1
Physical Ed. & Athletic 4

106

6

101



150a

To the best of my knowledge, all are employed as of 
September 1, 1965

Resume of Negro Teachers

Name

Mrs. Grace Chambers 

Mrs. Thelma S. Robinson 

Mrs. Loree G. Jackson 
Mrs. Evelyn D. Petty 

Miss Carrie Mae Work 
Mrs. Annie Fowler 

Miss Doris Y. Greene 
Claude Hostler 

Mrs. Vanbureau H. Marsh 
Mrs. Odell Rouse 
Mrs. Mary H. White 

Miss Doris Wigfall

Place of Employment 

Pender County 
lost contact 

Spartanburg, S. C. 

Spartanburg, S. C. 
lost contact

Asheville City Schools 
Baltimore, Md. 

Wadesboro City Schools 
Migrant School 
Migrant School 

Kings Mountain 

Charlotte



151a

Resume of Negro Teachers

August 27, 1965
NATIONAL TEACHER EXAMINATION 

REQUIREMENTS FOR TEACHER CERTIFICATION 
IN NORTH CAROLINA

The North Carolina State Board of Education has 
adopted the policy that all professional school personnel 
applying for a new, upgraded, or changed certificate dating 
from July 1, 1964, or thereafter, must meet minimum score 
requirements on the common examination sections of the 
National Teacher Examination. In addition, the appropri­
ate teaching area examination (if one is offered in the area 
of certification) is required, but no minimum scores have 
been established.

Common Examination Minimum Score Requirements

1. Emergency Ratings and Certificates Below Class “A” :
450 and above.......Regular rating or certificate
400 -  449.............. Two-year Probationary Rating

or Certificate
399 and below.......No rating or certificate is issued

2. Class “A” Certificates:
450 and above.......Regular “A” Certificate
400 -  449.............. Two-year Probationary Certifi­

cate
399 and below.......No certificate is issued

3. Graduate Certificates (Master’s Degree):
500 or above.........Required for any certificate based

on the Master’s degree
499 and below.......No certificate is issued



152a

4. Advanced Certificates (Sixth-Year and above):
600 and above.......Required for the advanced certif­

icate based on sixth-year pro­
gram or above

599 and below.......No certificate is issued

A candidate for certification who has not taken the ex­
amination is issued a one-year nonrenewable permit and, if 
employed, is paid at the rate of $20 per month less than the 
regular salary until an official score report showing an ac­
ceptable score is received by the Division of Professional 
Services of the State Department of Public instruction. 
Retroactive salary adjustment is made upon receipt of the 
score statement. The State Board of Education reserves 
the right to require a second or subsequent examination if 
such action seems advisable.

Scores attained on the examination are recognized as 
valid only when received by the Division of Professional 
Services directly from the Educational Testing Service, 
Princeton, New Jersey, the administrator of the examina­
tion.

Resume of Negro Teachers



153a

NATIONAL TEACHER EXAMINATION SCORES 
FOR TEACHERS

Grades 1-3

Resume of Negro Teachers

Teacher NTE Score

George Wilkins NA

Mrs. Ruth Ashby NA

Mrs. Betty J. Baker NA

Mrs. Elizabeth Bennett NA

Mrs. Isabel C. Bruce NA

Miss Sylvia E. Christopher 600

Mrs. Martha P. Coston NA

Mrs. Virginia D. Gesner 624

Miss Jan C. Hipps 676

Mrs. Margaret K. King NA

Mrs. Addie M. Miller NA

Mrs. Lula W. Miller NA

Mrs. Annie D. Nelon NA

Mrs. Adelene M. Parmele NA

Miss Louise M. Perry NA

Mrs. Eva. R. Pilgrim NA

Mrs. Thelma J. Pittman NA

Mrs. Pauline B. Poplin NA

Mrs. Jean B. Randall NA

Mrs. Ann F. Richardson NA



154a

Resume of Negro Teachers

Teacher NTE Score

Mrs. Ann C. Shelton 5 6 0

Miss Katherine Shepherd NA

Mrs. Jane G. Shore 5 8 0

Miss Syretha Sossamon NA

G r a d e s  4 -5

Edgar N. Rudisill 653

Mrs. Lucille B. Case NA

Harold K. Cline NA

Mrs. Elouise B. Dellinger NA

Mrs. Laura C. Dusenbury NA.

Mrs. Elizabeth A. Fletcher NA

Miss Shelia D. Gantt 610

Mrs. Frances B. Hefner NA
Mrs. Shirley R. Laughter NA
Miss Evelyn McPheters NA

Mrs. Irene Miller NA

Mrs. Irene M. Mitchell NA

Miss Estelle M. Pace NA
Miss Judy A. Robinson NA

Miss Judith G. Scruggs 61 8

Miss Susan J. Sloan 550



155a

Resume of Negro Teachers 

G rades 6-8

Teacher NTE Score

Henry S. Brookshire, Jr. 668

Owen E. Brendell 545

Miss Carole A. Byrd 540

Mrs. Nell C. Gaffney NA

Miss Louise Grissom N A

Mrs. Frances T. Holly NA

Miss Gayle Hughes NA

Mrs. Barbara F. Johnson NA

Mrs. Ruth P. Jones NA

Mrs. Jean F. Lancaster 540

James F. Laughter, Jr. NA

Miss Elmyra J. Ledford 675

Mrs. Louvenia P. Martin NA

Mrs. Rebecca G. Mauney 515

William T. Mauney 500

Mrs. Phoebe B. Rollins NA

Mrs. Anna P. Shipman NA

David E. Sitton NA

Mrs. Sara G. Stewart NA

Mrs. Nina J. Todd NA

John F. Whitmire 540

Mrs. Frances W. Wylie NA



156a

Resume of Negro Teachers

College
Teacher Certificate Attended

Degrees Years of
Earned Experience

George Wilkins P Western Carolina Master’s 10
Mrs. Ruth Ashby A TJniv. Tennessee Bachelor’s 22
Mrs. Betty J. Baker A Furman Bachelor’s 6
Mrs. Elizabeth Bennett A Catawba Bachelor’s 32
Mrs. Isabel C. Bruce A Erskine Bachelor’s 37
Miss Sylvia E. Christopher A Western Carolina Bachelor’s 1
Mrs. Martha P. Coston A Greensboro College Bachelor’s 16
Mrs. Virginia D. Gesner A Univ. Georgia Bachelor’s 0
Miss Margaret K. King A A.S.T.C. Bachelor’s 29
Mrs. Addie M. Miller A Benedict Bachelor’s 37
Mrs. Lula W. Miller A Western Carolina Bachelor’s 20
Mrs. Annie D. Nelon A U.N.C. Bachelor’s 38
Mrs. Adelene M. Parmele A Flora MacDonald Bachelor’s 18
Miss Louise M. Perry A Western Carolina Bachelor’s 36
Mrs. Eva R. Pilgrim A State A. & M. Bachelor’s 31
Mrs. Thelma J. Pittman A Asheville T. College Bachelor’s 13
Mrs. Pauline B. Poplin A A.S.T.C. Bachelor’s 18
Mrs. Jean B. Bandall A A.S.T.C. Bachelor’s 18
Mrs. Ann E. Richardson A W.C.U.N.C. Bachelor’s 6
Mrs. Ann C. Shelton A Eastern Ky. State College Bachelor’s 2
Miss Katherine Shepherd A Asheville T. College Bachelor’s 31
Mrs. Jane G. Shore A Queens College Bachelor’s 1
Miss Syretha Sossamon A Woman’s College Bachelor’s 41
R. Hugh Lockaby P Clemson Master’s 14
A. A. Atkins A A.S.T.C. Bachelor’s 25
Mrs. Mary Atkins A Western Carolina Bachelor’s 24
H. H. Blankenship G U.N.C. Master’s 18
Philip E. Brintnall A Western Carolina Bachelor’s 1
Mrs. Mildred Brown A Univ. Illinois Bachelor’s 21
Roberts N. Brown A Univ. Tampa Bachelor’s 11
Charles L. Byrd G Western Carolina Master’s 0
Mrs. Christine Croft A Bob Jones Univ. Bachelor’s 24
William G. Day A Clemson Bachelor’s 5
Mrs. Hannah L. Edwards A N. C. College (Durham) Bachelor’s 11
Miss Lois M. Gibbs G U.N.C. Master’s 3
Miss Geraldine Hensley G Western Carolina Master’s 10



157a

Resume of Negro Teachers

College
Teacher Certificate Attended

Degrees
Earned

Years of 
Experience

Mrs. Ellen Hobbs A S.T.C. Kutztown, Pa. Bachelor’s 7
Joe T. Hunt G Western Carolina Master’s 15
Kenneth B. Hysong A U. S. Naval Academy Bachelor’s 4
Mrs. Martha Irving A Muskingum College Bachelor’s 5
Mrs. Cecil S. Kessler A Va. State Teacher’s College Bachelor’s 35
Dale Lappin A Marion (Indiana) Bachelor’s 7
Earl H. Martin A Cincinnati Cons, of Music Master’s 17
Mrs. Mary Y. Mims A N. C. College (Durham) Bachelor’s 17
Miss Sara E. Oates A Winthrop Bachelor’s 3
Thomas E. Orr A U.N.C. Bachelor’s 4
James E. Pardue A Western Carolina Bachelor’s 8
Mrs. Rosalind S. Pardue A Clemson Bachelor’s 4
Mrs. Elizabeth H. Price G U.N.C. Master’s 37
Miss Barbara J. Sitton A Mars Hill Bachelor’s 1
Marvin B. Smith A Western Carolina Bachelor’s 5
Harry Swofford A Lenoir Rhyne Bachelor’s 33
Miss Charlotte Turner A Madison College, Virginia Bachelor’s 30
Mrs. Chicora Westmoreland A Winthrop College Bachelor’s 27
Ralph C. Wiggins A Clemson Bachelor’s 34
Miss Myra A. Williamson A Western Carolina Bachelor’s 1
Mrs. Jessie James NS 6
Mrs. Louise Robinson A Livingstone Bachelor’s 8
Mrs. Sara Skaggs B Western Carolina 1
Mrs. Hannah Wiggins NS 2
Henry S. Brookshire, Jr. P Purman Master’s 6
Owen E. Brendell A Mars Hill Bachelor’s 0
Miss Carole A. Byrd A A.S.T.C. Bachelor’s 3
Mrs. Nell C. Gaffney A Univ. Georgia Bachelor’s 13
Miss Louise Grissom A E.C.T.C. Bachelor’s 38
Mrs. Prances T. Holly A Duke Univ. Bachelor’s 11
Miss Gayle Hughes A Western Carolina Bachelor’s 1
Mrs. Barbara P. Johnson A Western Carolina Bachelor’s 3
Mrs. Ruth P. Jones A Indiana Univ. Bachelor’s 11
Mrs. Jean P. Lancaster A Woman’s College Bachelor’s 2

James P. Laughter, Jr. A Western Carolina Bachelor’s 6
Miss Elmyra. J. Ledford A Western Carolina Bachelor’s 1



158a

Resume of Negro Teachers

College Degrees Years of
Teacher Certificate Attended Earned Experience

Mrs, Louvenia P. Martin G Western Carolina Master’s 14
Mrs. Rebecca G. Mauney A Mars Hill Bachelor’s 0
William T. Mauney A Mars Hill Bachelor’s 0
Mrs, Phoebe B. Rollins A Queen’s College Bachelor’s 3
Mrs. 4nna P. Shipman G Mississippi State College Master’s 31
David E. Sitton A Western Carolina Bachelor’s 3
Mrs. Sara G. Stewart A Furman Bachelor’s 9
Mrs. Nina J. Todd G Duke Univ. Master’s 19
John F. Whitmire A East Tennessee State Bachelor’s 1
Mrs. Frances W. Wylie A A.S.T.C. Bachelor’s 3
Edgar N. Rudisill P U.N.C. Master’s 14
Mrs. Lucille B. Case A Montreat Bachelor’s 5
Harold K. Cline A Catawba College Bachelor’s 13
Mrs. Elouise B. Dellinger A Lenoir Rhyne Bachelor’s 20
Mrs. Laura C. Dusenbury A Livingstone Bachelor’s 20
Mrs. Elizabeth A. Fletcher A Western Carolina Bachelor’s 14
Miss Sheila D. Gantt A Western Carolina Bachelor’s 0
Mrs. Frances B. Hefner A Asheville College Bachelor’s 12
Mrs. Shirley R. Laughter A Western Carolina Bachelor’s 5
Miss Evelyn McPheters A U.N.C. Bachelor’s 34
Mrs. Irene E. Miller A Asheville College Bachelor’s 19
Miss Irene M. Mitchell A Asheville College Bachelor’s 40
Miss Estelle M. Pace A A.S.T.C. Bachelor’s 42
Miss Judy A. Robinson A Mars Hill Bachelor’s 1
Miss Judith G. Scruggs A Western Carolina Bachelor’s 1
Miss Susan J. Sloan A Western Carolina Bachelor’s 0
Miss Jan C. Hipps A Western Carolina Bachelor’s 1



159a

Resume of Negro Teachers

CONFIDENTIAL

HENDERSONVILLE CREDIT BUREAU 
P hone  692-8254 -  P ost O ffice B ox 1095 

H endersonville , N orth  Carolina

This information is furnished in response to an inquiry 
for the purpose of evaluating credit risks. It has been ob­
tained from sources deemed reliable, the accuracy of which 
this organization does not guarantee. The inquirer agrees 
to be personally responsible for any damage arising from 
misuse of this information. It must be held in strict confi­
dence and must not be revealed to the subject reported on 
or anyone else. The inquirer must not ask for information 
for the use of others nor permit any such information to 
be used by others.
Report for:

Mr. Hugh D. Randall, Superintendent 
Hendersonville City Schools 
Hendersonville, North Carolina

subject : In response to your inquiry of Sept. 21, 1965 our 
files have been checked and nothing detrimental 
has been found concerning the credit ratings of 
any of the persons whose names are listed as
follows:

George Wilkins 
Mrs. Ruth Ashby 
Mrs. Betty J. Baker 
Mrs. Elizabeth Bennett 
Mrs. Isabel C. Bruce 
Miss Sylvia E. Christopher 
Mrs. Martha P. Coston

Thomas E. Orr 
James E. Pardue 
Mrs. Rosaline S. Pardue 
Mrs. Elizabeth H. Price 
Miss Barbara J. Sitton 
Marvin B. Smith 
Harry Swofford



160a

Resume of Negro Teachers

Mrs. Virginia D. Gesner 
Mrs. Margaret K. King 
Mrs. Addie M. Miller 
Mrs. Lnla W. Miller 
Mrs. Annie D. Nelon 
Mrs. Adelene M. Parmele 
Miss Louise M. Perry 
Mrs. Eva R. Pilgrim 
Mrs. Thelma J. Pittman 
Mrs. Pauline B. Poplin 
Mrs. Jean B. Randall 
Mrs. Ann P. Richardson 
Mrs. Ann C. Shelton 
Miss Katherine Shepherd 
Mrs. Jane G. Shore 
Miss Syretha Sossamon 
R. Hugh Lockaby 
A. A. Atkins 
Mrs. Mary Atkins 
H. H. Blankenship 
Philip E. Brintnall 
Mrs. Mildred Brown 
Roberts N. Brown 
Charles L. Byrd 
Mrs. Christine Croft 
Mrs. Hannah L. Edwards 
Miss Lois M. Gibbs 
Miss Geraldine Hensley 
Mrs. Ellen Hobbs 
Joe T. Hunt 
Kenneth B. Hysong 
Mrs. Martha Irving 
Mrs. Cecil S. Kessler

Miss Charlotte Turner 
Mrs. Chicora Westmoreland 
Ralph C. Wiggins 
Miss Myra A. Williamson 
Mrs. Jessie James 
Mrs. Louise Robinson 
Mrs. Sara Skaggs 
Mrs. Hannah Wiggins 
Henry S. Brookshire, Jr. 
Owen E. Brendell 
Miss Carole A. Byrd 
Mrs. Nell C. Gaffney 
Miss Louise Grissom 
Mrs. Prances T. Holly 
Miss Gayle Hughes 
Mrs. Barbara F. Johnson 
Mrs. Ruth P. Jones 
Mrs. Jean F. Lancaster 
James F. Laughter, Jr.
Miss Elmyra J. Ledford 
Mrs. Louvenia P. Martin 
Mrs. Rebecca G. Mauney 
William T. Mauney 
Mrs. Phoebe B. Rollins 
Mrs. Anna P. Shipman 
David E. Sitton 
Mrs. Sara G. Stewart 
Mrs. Nina J. Todd 
John F. Whitmire 
Edgar N. Rudisill 
Mrs. Lucille B. Case 
Harold K. Cline 
Mrs. Elouise B. Dellinger



161a

Resume of Negro Teachers

Dale Lappin 
Earl H. Martin 
Mrs. Mary V. Mims 
Miss Sara E. Oates 
Mrs. Shirley R. Laughter 
Miss Evelyn McPheters 
Mrs. Irene E. Miller 
Miss Irene M. Mitchell 
Miss Estelle M. Pace

Mrs. Laura 0. Dusenbury 
Mrs. Elizabeth A. Fletcher 
Miss Sheila D. Gantt 
Mrs. Frances B. Hefner 
Miss Judy A. Robinson 
Miss Judith G. Scruggs 
Miss Susan J. Sloan 
Miss Jan C. Hipps

was found on the twoUnfavorable credit information 
persons listed as follows:

William Gantt Day 
Frances Wylie



162a

J. Braxton Craven, Jr.
Chief Judge

UNITED STATES DISTRICT COURT
W estern  D istrict  of N orth  Carolina 

Morganton, North Carolina 28655

September 29, 1965
Mr. L. B. Prince 
Prince, Jackson & Youngblood 
Attorneys at Law 
4-22 North Church Street 
Hendersonville, North Carolina 
Mr. J. LeVonne Chambers 
Attorney at Law 
405% East Trade Street 
Charlotte, North Carolina

R e: Chambers, et al. v. Hendersonville City Board of
Education—Asheville Civil Action No. 2388

Gentlemen:
In writing the Memorandum of Decision which is being sent 
today to the Clerk at Asheville, I decided to use pseudo­
nyms to avoid the possibility of embarrassment or damage 
to some of the teachers involved. Although I think the 
record plainly discloses the true identities, to be sure there 
will be no misunderstanding I furnish you herewith the 
following key:

Teacher Weight is Mrs. Odell M. Rouse 
Teacher Habit is Mr. George E. Greene 
Teacher Medic is Mrs. Vanbureau H. Marsh 
Mrs. E. D. Pet is Mrs. Evelyn D. Petty 
Mrs. G. W. Cham is Mrs. Grace W. Chambers 
Claude Host is Claude Hostler 
Mrs. Fowl is Mrs. Annie R. Fowler

Resume of Negro Teachers



163a

All other names used are the correct ones.

Very truly yours,

s / J. B raxton  Craven , Jr. 
J. Braxton Craven, Jr.

Resume of Negro Teachers

cc: Mr. Thomas E. Rhodes, Clerk 
United States District Court 
Post Office Building 
Asheville, North Carolina 28802



164a

IN THE UNITED STATES DISTRICT COURT 

F ob t h e  W estern D istbxct of N orth  C arolina 

A sheville  D ivision  

C iv il  No. 2388

Memorandum Decision

G race C ham bers , D oris Y von n e  G reene , M ary A n n  W h it e , 
and  T h e  N orth  C arolina  T eachers A ssociation , a 
co rp ora tion ,

Plaintiffs,
v.

T h e  H endersonville C ityt B oard of E du cation , a public 
b o d y  corp ora te ,

Defendant.

This is a class action brought by three Negro teachers 
and the North Carolina Teachers Association1 against the 
Hendersonville City Board of Education. The teachers and 
the Association seek to invoke the equitable jurisdiction of 
the court, and allege that the School Board has denied re­
employment as teachers to the individual plaintiffs and 
other Negro teachers, because of their being members of 
the Negro race, in violation of the due process and equal 
protection clauses of the Fourteenth Amendment to the 
Constitution of the United States.

Plaintiffs seek an injunction restraining the School 
Board from refusing to consider reemployment of individ­

1 The membership of this Association is largely, if not entirely, Negro. 
Among its purposes are the promotion of education generally and the 
improvement of the status of teachers.



165a

ual plaintiffs and other Negro teachers and professional 
school personnel for the 1965-66 school year and subsequent 
school years because of race. Plaintiffs further seek an 
injunction to prevent the maintenance of a hi-racial system 
of hiring, assigning, reemploying and dismissing plaintiffs 
and other teachers and to affirmatively require the School 
Board to initiate a plan of unitary, non-racial future em­
ployment, reemployment and assignment.

A preliminary injunction was not sought, but, instead, 
plaintiffs prayed the court to advance the cause on the 
docket.

The complaint was filed on June 28,1965. Because of the 
alleged constitutional basis of the litigation and the impor­
tance of the matter to the teachers and the School Board, 
the case was given special consideration by the court, and 
counsel were requested to complete discovery procedures 
and pleadings so that it could be finally heard at the earliest 
possible date. The case was tried on August 18 and 19, 
1965, at Asheville, North Carolina.2

Thereafter, on my own motion, a rehearing was ordered 
for September 22, 1965, at which time both sides offered 
additional evidence and the record was supplemented.

Counsel for the teachers and the Teachers Association 
stated to the court in oral argument that the controversy 
is largely one of the proper inferences to be drawn from 
substantially undisputed subsidiary facts. Even, so, it is 
thought desirable to find the facts in some detail.

Until September 1964 the defendant operated a com­
pletely segregated school system consisting of four schools. 
Three of these, namely Bruce Drysdale, Bose Edwards and

2 B u ford  v. M organton  C ity B oard  o f  Education, Civil No. 523, D. C.,
W.D.N.C., August 23, 1965,------F. Supp. ——, a very similar ease, was
tried on the same days, but the cases were not consolidated.

Memorandum Decision



166a

Hendersonville High School, were exclusively for white 
pupils and had an exclusively white faculty. Ninth Avenue 
School, covering grades one through twelve, was exclusively 
for Negro students of the Hendersonville district and, in 
addition, accommodated migratory Negro pupils coming 
from Henderson, Transylvania and Polk Counties. It was 
staffed entirely by Negro teachers.

For the school year 1964-65 the Board adopted a freedom 
of choice plan of desegregation. The four schools continued 
to be operated much as they had been before.

For the school year 1965-66 the Board abandoned its 
fredom of choice plan and completely integrated all pupils 
into its four school buildings, with Bruce Drysdale accom­
modating grades one through three, Bose Edwards four 
through five, Junior High (formerly Ninth Avenue) six 
through eight, and Hendersonville High nine through 
twelve. All pupils—regardless of race— are now attending 
the appropriate school.

The Board has discontinued its former practice of accept­
ing Negro students who reside outside of the district in 
Henderson County and the neighboring counties of Polk 
and Transylvania. These Negro pupils have been returned 
to their respective and appropriate school districts and will 
not attend school in the Hendersonville system. As a result, 
the number of students to be taught in the Hendersonville 
system for 1965-66 is diminished approximately 217 as com­
pared with the prior year. The Negro pupil enrollment for 
the school year 1964-65 was 498, and for the year 1965-66 
is 281. Likewise, the number of teacher jobs in the Hender­
sonville system has diminished by five.3 What was formerly

Memorandum Decision

3 The Hendersonville school system offers to an unusual degree what 
has come to be called in North Carolina “quality education” . The system 
is one of relatively few public systems accredited by the Southern Assoei-



167a

Ninth Avenue School has become Hendersonville Junior 
High School—attended by all eligible pupils without regard 
to race.

Former Ninth Avenue School has been abolished. The 
nature, purpose, scope, racial composition, and even the 
name has been changed. Last year twenty-four Negro 
teachers taught in the Ninth Avenue School and none in 
the other three schools. This year eight4 Negro teachers 
will teach in all of the schools in the system.

Why are sixteen fewer Negro teachers employed this 
year than last! The three Negro plaintiffs and the Teach­
ers Association insist that the answer is obvious: racial 
discrimination. Although an oversimplification, it is not 
unfair to suggest that plaintiffs’ case rests almost entirely 
upon this one ultimate fact: twenty-four Negro teachers 
one year and eight the next.5 6

Plaintiffs’ argument comes to this: that it is impossible 
that sixteen out of twenty-four Negro applicants (two- 
thirds) should be found inferior to white applicants with

Memorandum Decision

ation of Schools and Colleges. Actually, the sharp decline in pupil en­
rollment would have diminished teacher jobs more than indicated but for 
the willingness of Hendersonville people to pay for more teachers than 
allotted by the State. The state teacher allotment for 1965-66 is 66; the 
number of teachers employed is 101.

4 The Board hired eight. Since the first hearing, one has resigned and
accepted employment elsewhere.

6 Q u ery : does such a decimation of Negro teachers, sixteen out of 
twenty-four, standing alone, even make out a prim a fa c ie  case? Does not 
an affirmative answer to this question necessarily rest on the unsupported 
premise that teachers are fungible? Since the School Board assumed the 
burden (risk) of going forward with evidence to fully explain its failure 
to employ the sixteen teachers, the question has become academic. And, 
in any event, in trial without jury a federal court must find the facts and 
cannot simply dismiss for failure to make out a case. Federal Rules of 
Civil Procedure 41(b), 52.



168 a

respect to qualifications for teaching. The argument is a 
novel one. It has no support in law,6 nor, as far as I know, 
in human experience.

The decimation of Negro teachers is not inexplicable. 
Until the current school year 1965-66 Negro teacher appli­
cants did not compete with white teacher applicants. With 
respect to teachers, there was a tight eompartmentation of 
the schools. Nor does failure to reemploy these sixteen 
teachers mean that the Board decided that every white 
teacher had qualifications superior to these applicants. 
This is so because teachers compete against each other only 
in their respective classifications. For example, an English 
teacher does not compete against a music teacher, but only 
against other English teachers; an elementary teacher does 
not compete against high school teachers.

The plaintiffs have the burden of proof (persuasion) to 
satisfy the court from the evidence and by its greater 
weight that the Negro teachers or one or more of them 
failed reemployment by reason of his race.6 7

The startling decimation of Negro teachers—twenty-four 
one year and eight the next—became less startling as the 
evidence was presented. A group of six out of the class of 
sixteen for whom the suit is brought were not reemployed 
for perfectly plain and objective reasons having nothing 
whatsoever to do with race or even with their general 
qualifications for teaching. Teacher Cunningham simply re­
tired. Teacher Roberts did not wish to teach in an integrated 
school, preferring to teach only members of her own race,

Memorandum Decision

6 B rooks  v. School D istrict o f  C ity o f  M oberly , M issouri, 267 F.2d 733 
(8th Cir. 1959), is a clear holding that it is not impossible that all of a 
group of eleven Negro teachers may be found inferior with respect to 
teaching qualifications to competing white teachers.

7 Id. at 740.



169a

and declined to be considered for reemployment.8 Teacher 
Young’s bricklaying class (the only subject he taught in the 
prior year) was discontinued, and his job simply abolished. 
Teacher Weight,9 a woman, was fifty-six years old, 5 feet 
51/2  inches in height, and weighed 219 pounds. Her exces­
sive weight for her height was considered medically dis­
abling by the Superintendent, who refused her reemploy­
ment. Teacher Habit10 11 was refused reemployment because 
of “objectionable personal habits” . The School Board was 
ready and willing to disclose the nature of those habits to 
the court. The court declined to permit disclosure without 
the consent of the teacher concerned. Counsel for plaintiffs 
stated to the court that they were without authority to con­
sent to the introduction of testimony which might be embar­
rassing or even damaging to the individual teachei con­
cerned. Teacher Medic11 failed of reemployment because 
her own personal physician, who happened also to be a 
member of the School Board, stated to the Board that she 
should not be employed. The School Board asserted that 
the failure to reemploy was for a medical reason and that

8 Also, her NTE score was 423, and the Superintendent and Board 
uniformly required not less than 450 for all teachers having NTE scores. 
(The adoption of the policy of using NTE scores does not invalidate pre­
existing certificates, and there are no NTE scores for some teachers both 
Negro and white.) “ NTE” means National Teacher Examination, a na­
tionally recognized test of teacher competency administered bĵ  the Edu­
cation Testing Service, Prineeton, New Jersey. Effective July 1, 1964, the 
North Carolina State Board of Education adopted the policy that all 
teachers applying for a new, upgraded, or changed certificate must meet 
minimum score requirements, e.g., to get an “A* certificate a minimum 
score of 450 is required.

9 This is not, of course, her name. Pseudonyms will be used where 
necessary to avoid embarrassment or damage to professional reputation. 
Identification is well established in the record.

10 A pseudonym. See footnote 9.
11 A pseudonym. See footnote 9.

Memorandum Decision



170a

the Board and the doctor concerned stood ready and willing 
to disclose the reason to the court. Counsel for the plain­
tiffs were without authority to waive the patient-doctor 
privilege of this particular teacher, and the court declined 
to permit the evidence to be received without her consent.

For the foregoing reasons, the class allegedly discrimi­
nated against is reduced to ten. Five of these—teachers 
Robinson, Wigfall, White, Work and D. Greene—may be 
considered together. All five taught in the Ninth Avenue 
School for Negroes last year. That school was largely run 
by an advisory board consisting of Negro leaders in the 
community. Although concerned, of course, with quality 
education for pupils, the advisory board was apparently 
equally concerned with providing employment opportuni­
ties for Negro teachers. As a result of this dual policy, 
teachers were employed at the Ninth Avenue School accord­
ing to a lower scale of qualification than prevailed else­
where in the system. The NTE scores for these five 
teachers varied from a low of 403 to a high of 439. The 
minimum standard adopted by the Superintendent and the 
Board of Education for teachers employed on the basis of 
an NTE score is 450.12 No white teacher is employed in the 
school system on the basis of NTE scores has a score lower 
than 450. Four of these five teachers had probationary cer­
tificates.13 The Superintendent and the Board have adopted 
a policy to assure continued accreditation by the Southern 
Conference of Schools and Colleges that no teacher—white 
or Negro—will be employed on the basis of a probationary

12 This is the minimum prescribed by the State Board of Education for 
an “ A ”  certificate. See footnote 8.

13 Teachers Robinson, White, Work and D. Greene. Although Miss 
Wigfall had an A certificate, her NTE score was 429—lower than the 450 
prescribed minimum.

Memorandum Decision



171a

certificate. These five teachers, by objective standards, 
simply do not meet the minimum qualifications for employ­
ment in the reorganized school system. Where an objective 
standard14 15 is applied to all teachers without regard to race, 
there can be no inference of racial discrimination.

The original class of sixteen allegedly discriminated 
against by reason of race is, thus, now reduced to five. To 
determine whether these five have suffered invidious dis­
crimination requires some analysis of their qualifications 
and a comparison with other teachers with whom they com­
peted for positions.

Memorandum Decision

M rs. E . D. P et16 

M rs. G. W. C h a m 16

Mrs. Pet testified at the trial. She demonstrated a neat 
and attractive appearance. She has an AB degree from 
Johnson C. Smith University, Charlotte, North Carolina, 
and is certified to teach French and English and has seven 
years experience. No NTE score is available for her. Mrs. 
G. W. Cham is a graduate of Livingstone College with an 
AB degree and is certified to teach English and French and 
has sixteen years experience. Her NTE score is 522. These

14 There are four exceptions to the application of these minimal stan­
dards in the school system. These exceptions are persons employed to 
train non-edueable but trainable pupils. With respect to these exceptions, 
the Superintendent testified that temperament and compassion for handi­
capped children (IQ under 50) to whom knowledge could not be imparted 
was of primary importance and that certification to teach a subject was 
of no consequence for the simple reason that subjects are not taught to 
such non-educable children. Such children are simply trained in caring 
for themselves physically. Most teachers do not want employment to train 
non-educable children. The record does not disclose whether plaintiffs or 
members of their class would have accepted such employment.

15 A pseudonym. See footnote 9.
16 A pseudonym. See footnote 9.



172a

teachers were considered by the Superintendent in competi­
tion with Dale Lappin, who is a graduate of the University 
of Indiana at Marion, Indiana, and is certified to teach art 
and French and who has had seven years experience. Mr. 
Lappin’s NTE score is 672.

Mrs. Pet was rated “about average” and was not recom­
mended17 for reemployment by her principal, Mr. L. H. 
Anderson.18 Mrs. Cham was rated “average” by the same 
principal, Mr. L. H. Anderson, who noted that she had little 
control of pupils, but spoke favorably of her in other re­
spects.

Aside from the intangibles, which do not appear to be 
weighted in favor of the Negro teachers, it appears objec­
tively that Mr. Lappin’s NTE score of 672 is unusually 
high and could alone account for the decision of the Super­
intendent to employ him. Last year three French teachers 
were employed, and this year only one such teacher is em­
ployed in the entire system.19

Claude H ost20

Mr. Host competed for positions as eighth grade teacher 
with six other teachers. Four of the others had NTE scores 
of 500 or over. Mr. Host had no available NTE score, but

Memorandum Decision

17 Mr. Anderson’s written report to the Superintendent contained, with 
respect to Mrs. Pet, the following: “Not dependable—takes too much for 
granted; seems to have problems; does not control and direct pupils 
properly.”

18 Mr. Anderson is a Negro.
19 It is not clear from the record whether Mrs. Pet and Mrs. Cham were 

considered for positions to teach English for which they also had certifi­
cates. Assuming they were not, there is no evidence specifically showing 
the reason for such failure. But the fact that they were carefully con­
sidered for the French position, plus the appraisal of their own principal, 
negates an inference that race was the reason.

20 A pseudonym. See footnote 9.



173a

neither did two other teachers who were employed. No ob­
jective differences appear in certification or in degrees 
earned that are significant. But Mr. Host was rated below 
average, i.e., “needs help” , and was not recommended for 
reemployment by his principal, Mr. Anderson.21 The other 
teachers were so recommended.

M bs. F o w l22

Mrs. Fowl competed for position as a second grade 
teacher with six others who were employed. All seven in 
this group had similar degrees earned and all had the 
equivalent of A teaching certificates, except that Mrs. 
Fowl’s was a graduate certificate. Objective factors do not 
reveal any reason for her failure to be reemployed. But 
the report of her principal, Mr. Anderson, to the Superin­
tendent rates her simply as “average” .23 The other teachers 
were more favorably recommended by their respective prin­
cipals.

Memorandum Decision

M bs. L obbe G. J ackson

Mrs. Jackson competed against three other teachers who 
were employed for three positions teaching high school sci­
ence. All four teachers had similar earned degrees. Mrs. 
Jackson’s was from Shaw University, and the others were

21 Anderson’s report to the Superintendent contained the following: 
“ Classroom atmosphere is always poor. Teacher doesn’t seem to have any 
control of pupils. Students are not motivated. They pay little or no at­
tention to the teacher . . .  no discipline.”

22 A pseudonym. See footnote 9.
23 Anderson’s report contained the following: “ Tone: fair. Atmosphere 

sort of cool. Complains a little too much about small things . . . could 
give pupils more of an opportunity to think—she leads them too much. 
A desk type teacher. Sits all the time.” (There were other comments of 
a favorable nature.)



174a

University of North Carolina, Clemson, and Western North 
Carolina. All were certified to teach high school science, 
having the equivalent of A certificates or better. One of the 
teachers employed was qualified to teach driver training in 
addition to high school science, and another one was quali­
fied to act as track coach in addition to teaching high school 
science and had an NTE score of 559. The third teacher 
employed had an NTE score of 513. No such score is avail­
able for Mrs. Jackson. However, she was recommended by 
her principal, Mr. Anderson, as a very good teacher.24 Ob­
viously there is no objective reason upon which her failure 
to be reemployed can be predicated. The School Board 
made no effort to show that she was other than a very good 
and competent teacher. The Superintendent simply testi­
fied, in substance, that in his opinion the other three who 
were employed were even better qualified than was Mrs. 
Jackson.

By way of summary, four out of these five teachers were 
rated by their own Negro principal to be average or below 
average teachers. The evidence shows that all of the em­
ployed competing white teachers were appraised by their 
respective principals or by the Superintendent as being 
much better than average. The School Board and the Su­
perintendent have satisfactorily explained, almost beyond 
argument it seems to me, their failure to employ at least 
fifteen out of the sixteen members of the class. Mrs. Loree 
6. Jackson is apparently an excellent teacher. If it were 
my responsibility to weigh her qualifications against those 
of the competing teachers, I might consider her to be as 
well, or even better, qualified than they. But that responsi­

24 Anderson’s report to the Superintendent showed that she works well 
with pupils, is very cooperative, that her lessons are meaningful, and that 
she shows a very good use of audio-visual material.

Memorandum Decision



175a

bility is not mine. I have been exposed to the problem of 
appraising teachers only a few days. The Superintendent 
has been exposed to it most of his adult life. No court ought 
to substitute its own notion with respect to such a matter 
for the informed professional opinion of a school superin­
tendent so long as it appears he has formed that opinion 
in good faith.

“School Boards are vested with wide discretion in mat­
ters affecting school management, including the employ­
ment of teachers, and a court may not interfere with the 
board’s action unless the board has exercised its power in 
an unreasonable, arbitrary, capricious, or unlawful man­
ner.” Brooks v. School District of City of Moberly, Mis­
souri, 267 F. 2d 733, 739 (8th Cir. 1959). “ (E)xperts in the 
field of education are not in agreement as to the best meth­
ods of evaluating teachers. Possibly, better methods might 
be available for evaluating teacher qualifications. The Board 
has a wide discretion in performing its duties, including 
those relating to the employment of teachers. If the Board 
acted honestly and fairly in the exercise of its discretionary 
powers, the plaintiffs are in no position to complain at least 
so long as the action of the Board is not unreasonable, arbi­
trary, or motivated by racial consideration.” Id. at 740. 
“The court cannot substitute its judgment for that of the 
School Board or the Superintendent on the wisdom or ex­
pediency of a determination within the Board’s jurisdic­
tion, but must rather determine if there exists sufficient 
factual basis that the Superintendent and Board’s actions 
were arbitrary and discriminatory with respect to the 
Negro teachers.” Id. at 738.

It is well to remember that the burden of proof (persua­
sion) is not upon the School Board. It rests, instead, upon 
plaintiffs and members of their class. It has not been sus­

Memorandum Decision



176a

tained. The evidence in this case does not support the prop­
osition that plaintiffs and members of their class were 
wrongfully displaced and refused employment because of 
their race. The Board has not, for the school year 1965-66, 
maintained a bi-raeial system of hiring, assigning, and re­
employing or failing to reemploy teachers, nor is there any 
evidence of any intention to maintain such an unconstitu­
tional system in the future.

This case is a weaker one from plaintiffs’ viewpoint than, 
was Brooks v. School District of City of Moberly, Missouri, 
supra. In Brooks there was some direct evidence of racial 
discrimination. In this case there is none. In Brooks sev­
eral of the Negro teachers had a greater number of college 
credits than competing white teachers. There is only one 
instance of such disparity here.25 26 In Brooks apparently all 
of the Negro teachers were well qualified by objective 
standards in comparison with white teachers. The analysis 
of NTE scores shows it is not so here. In Brooks the school 
board hired none of the Negro teachers who were formerly 
employed, whereas in this case the Board hired one-third 
of those formerly employed. Even so, in Brooks the evi­
dence was held insufficient to establish racial discrimina­
tion.

Since the only question presented26 is the failure to re­

25 Mrs. Fowl has an Elementary G certificate, as compared with A cer­
tificates of competing teachers, but she was not recommended by her 
principal.

26 The complaint is broad enough to be construed as an attack upon the 
plan of desegregation with respect to pupils. Since the Board has effected 
complete integration of all facilities since this suit was filed, the attack 
upon the plan of desegregation has become moot. With respect to ques­
tions that may arise in implementation of the plan, jurisdiction has been 
retained in Rhonda K . W illiam s v. The H endersonville C ity S chool Board, 
Civil Action No. 2182, W.D.N.C., so that no purpose would be served by 
retaining jurisdiction in this suit.

Memorandum Decision



177a

employ teachers and that has been decided, an appropriate 
judgment will be entered dismissing the complaint.

This 28th day of September, 1965.

J. Braxton Craven, Jr.,
Chief Judge United States District Court 
for the Western District of North Carolina

Memorandum Decision

A True Copy
T este :
T hos . E. R hodes, Clerk 
By: T. E. Bartlett, 

Deputy Clerk



178a

Judgment

IN THE UNITED STATES DISTRICT COURT
F or t h e  W estern D istrict of N orth  Carolina 

A sheville  D ivision 
C iv il  No. 2388

G race C ham bers , D oris Y vonne  Greene , M ary A n n  W h it e , 
and T h e  N orth  C arolina T eachers A ssociation , a 
corp ora tion ,

Plaintiffs,
v.

T h e  H endersonville 
body corporate,

C it y  B oard of E ducation , a public

Defendant.

Pursuant to Memorandum of Decision filed herein, it is 
adjudged that none of the plaintiffs or members of their 
class are entitled to any injunctive relief, and the complaint 
is hereby dismissed.

This 28th day of September, 1965.

J. Braxton Craven, Jr.,
Chief Judge United States District Court 
for the Western District of North Carolina

A True Copy 
T este :
T hos . E. R hodes, Clerk 
B y : T. E. Bartlett,

Deputy Clerk



179a

Notice of Appeal and Designation of Record

IN THE UNITED STATES DISTRICT COURT
F oe t h e  "Western D istrict of N orth  C arolina 

A sheville  D ivision 

C ivil  N o. 2388

G race C h am bers , et al.,

v.
Plaintiffs,

T h e  H endersonville C it y  B oard of E ducation , a public 
b o d y  corp ora te ,

Defendant.

I
N otice of A ppeal

Notice is hereby given that Grace Chambers, et al., Plain­
tiffs above named, on this 18th day of October, 1965, hereby 
appeal to the United States Court of Appeals for the 
Fourth Circuit, from the Final Judgment entered in this 
action by the United States District Court for the Western 
District of North Carolina on the 28th day of September, 
1965.

II

Designation of R ecord on A ppeal

Plaintiffs, by their undersigned attorney, pursuant to 
Rule 75(a) of the Federal Rules of Civil Procedure, hereby 
designate all the original files and the complete transcript



180a

Notice of Appeal and Designation of Record

of the evidence in the subject case for inclusion in the 
record on appeal, including all pleadings, exhibits, affi­
davits, testimony, orders, notice of appeal and this designa­
tion.

This 18th day of October, 1965.

C onrad 0 .  P earson 
203% East Chapel Hill Street 

Durham, North Carolina
R uben  J. D ailey

46 South Market Street 
Asheville, North Carolina

R obert L . H arrell 
13% Eagle Street 

Asheville, North Carolina
J. L evonne  C hambers 

405% East Trade Street 
Charlotte, North Carolina

J ack  G reenberg 
D errick  A. B ell , J r .
M elvyn  Z arr

10 Columbus Circle 
New York, New York 10019

Attorneys for Plaintiffs



181a

Transcript o f Proceedings August 19, 196 5

A p p e a r a n c e s  :

Plaintiffs—
Conrad 0. Pearson, Esq.
Attorney at Law 
Durham, North Carolina
Melvin Zarr, Esq.
Attorney at Law 
New York, N. Y.

Robert L. Harrell, Esq.
Attorney at Law 
Asheville, North Carolina
Eddie Tucker, Esq.
Attorney at Laiv 
Jackson, Mississippi

Defendant—
L. B. Prince, Esq.
Attorney at Law 
Hendersonville, North Carolina
J. W. Jackson, Esq.
Attorney at Law 
Hendersonville, North Carolina

— 2—

This matter coming on for hearing and being heard at 
Asheville, North Carolina, on August 19, 1965, before the 
Honorable J. Braxton Craven, Jr., Judge, sitting without 
a jury, the following proceedings were had, to wit:

Court: All I know about this one is that it has some 
remote similarity to the other one, I don’t know to what 
extent. Do you want to make an opening statement?



182a

Transcript of Proceedings August 19, 1965

Mr. Zarr: Yes, sir. I will just touch briefly on the simi­
larities. This also involves a case by Negro teachers who 
claim themselves aggrieved.

Court: The acoustics are just terrible, I couldn’t hear 
what you said.

Mr. Zarr: This also involves a case brought by Negro 
teachers who claim rights under the due process and equal 
statute clauses of the 14th Amendment stemming from 
their discharge by the Hendersonville City Board of Edu­
cation. As in the Morganton case the difficulties with the 
Negro teachers stem from the desegregation of the pupil 
instructional facilities. In the school system during 1964- 
65, as will appear, there were 24 Negro teachers for the 
year. For the coming year the records indicate that there 
will be 7. The ranks have been disseminated by about a 
third. The proof in this case will attempt to show why

— 3 —

the wholesale reduction of Negro teachers and inferences, 
as in the other case, wall be attempted to be drawn from 
this wholesale evaporation of Negro teachers. Thank you.

Court: All right, sir. Do you want to be heard?
Mr. Prince: No, sir.
Court: Call your witnesses for the plaintiff.
Mr. Zarr: Your Honor, we will call at this time Supt. 

Randall.
Mr. Prince: Your Honor, I’d like to make this statement. 

I have obtained the consent of the lawyers on the other 
side. I am Chairman of the School Board and also serving 
as attorney. If the situation gets to the point where if it’s 
embarassing to anybody, Mr. Jackson, who is a member 
of our lawr firm, will take over the trial of the case, if that 
is agreeable with counsel.



183a

Court: Is there any objection, gentlemen?
Mr. Zarr: No, Your Honor.
At this time, Your Honor, plaintiffs would like to move 

that the answers to the interrogatories submitted by the 
Board of Education be introduced into the record.

Court: Let them be received.

(Plaintiff’s Exhibit #1  received in evidence.)

Hugh D. Randall—for Plaintiffs—Direct

H u gh  D . R andall , h av in g  first been du ly  sw orn, was 
exam ined  and testified  as fo llo w s :

— 4—
Direct Examination by Mr. Zarr:

Q. Would you state your full name for the record? A. 
Hugh Davidson Randall.

Q. And what is your position in the school system of 
Hendersonville? A. Superintendent.

Q. How many years have you been superintendent? A. 
Since 1953.

Q. Would you state briefly for the record your qualifica­
tions and earned degrees? A. I hold a Bachelor of Sci­
ence, Wake Forest College and Master of Arts, Wake For­
est College, holding a Bachelor of Science teachers certifi­
cate, an elementary and high school Principal’s Certificate, 
a School Superintendent Certificate for the State of North 
Carolina.

Q. Mr. Randall, is it true that in the school year 1964-65 
that 24 Negro teachers were employed by the Henderson­
ville Board? A. Affirmative.

Q. And is it also true that they were all employed at 
what is called the Ninth Avenue School? A. Yes, that 
was it.



184a

Q. And this school covered all the grades 1 through 12? 
A. Affirmative.

Q. And the school was predominantly Negro? A. 
Affirmative.

—5—
Q. Was it entirely Negro? A. Student or teacherwise?
Q. Studentwise. A. Yes.
Q. Now, for the school year 1965-66 how many Negro 

teachers will he employed? A. Eight, one since your in­
terrogatories, I believe.

Q. Now, of these, how many Negro teachers will be em­
ployed at the new junior high school? A. As of now I 
don’t believe any are assigned at that school.

Q. This junior high school will cover grades 6 through 8 
and be situated in the building formerly housing the Ninth 
Avenue School, is that correct? A. That’s correct.

Court: Let’s go back a minute. How many will be 
employed at the new junior high school?

Mr. Zarr: No Negro teachers forecast for the new 
junior high school.

A. The organization is not complete but as of now that is 
correct.

Q. So that between tlie school years 1964-65 and 1965- 
66 there has been a decrease of 16 Negro teachers, from 
24 to 8, is that correct? A. Mathematically, yes.

— 6 —

Q. Is it true that during 1964-65 that 81 white teachers 
were employed by the school system? A. Yes.

Q. And for the coming year 1965-66 there will be an in­
crease of 10, making 91? A. Do you mind if I check on 
that?

Hugh D. Randall—for Plaintiffs—Direct



185a

Q. Go right ahead. A. We will assume that is correct 
if you have subtracted with no mistakes.

Court: 81 white teachers in ’64 and 91 in ’65.
Q. Now, I would like to go through the reasons for the 

demise of the 17 Negro teachers and I will ask you, as I 
recite these figures, whether they are correct or not. Is it 
true that one of the 17 retired? A. Affirmative.

Q. One was employed elsewhere? A. About three or 
four at this time, I believe. That would not be in the inter­
rogatories. One at the time you asked for that.

Q. Now, three, I believe, had substandard certificates, 
is that correct?

Court: One resigned and one went elsewdiere.
A. If you are reading from the interrogatories, we will say 
yes.

Q. One was judged to be incompatible?—is that correct?
—7—

A. Sounds correct.
Q. One had an emergency B Certificate for one year? 

A. That’s correct.
Q. One was not rehired because the position was termi­

nated by the state because of lack of students, is that cor­
rect? A. That’s correct.

Q. So, is it not correct that of the 17, 9 -were not rehired 
when they were fully qualified because there was no posi­
tion open for them, is that correct? A. As of the date of 
this preparation.

Q. I would like to bring it up to date. How many, sir, of 
the 17—I believe it’s 16 now'—how many of the 16 were 
not rehired because no position was open for them? A. 
If you’d like to revise completely, we can do that.

Hugh D. Randall—for Plaintiffs—Direct



186a

Q. Yes, why don’t we do that. Do you have the names 
there? A. Yes.

Q. Why don’t we go down the list of names. I would like 
to have particular reference to those who were not rehired 
because there was no position. Is it not correct that 9 Negro 
teachers had that reason next to the name in the interroga­
tories? A. Uh huh. That’s the list you want, that has the 
reason?

Q. Yes, I would like to have the updated list as to those 
Negro teachers that were not rehired because there was 
no position open. A. That’s 50 in the interrogatories?

— 8—

Q. Yes, sir. A. Shall I skip those that are of the Cau­
casian race in each case?

Q. Yes. A. I believe Miss Grace Chambers is #1, no 
position open, lack of control of students. Mrs. Loree G. 
Jackson, still being considered but no position open at this 
time. I believe Mrs. Jackson may, but I could not say this 
for a fact so we’ll omit it. We think we have placed Mrs. 
Jackson but that’s an assumption. Lemuel Jones—

Court: You think you have placed Mrs. Jackson, 
you mean with you or somebody else ?

A. Not with us. We found her a place. Lemuel Jones was 
placed this week with us. Mrs. Evelyn Petty, we have been 
trying to place her in her native county, I don’t know.

Court: Lemuel Jones you’ve hired?

A. I have hired him.
Q. For what position, sir? A. Lemuel will be an aid to 

me, Attendance Counsellor, primarily. We covered Mrs.

Hugh D. Randall—-for Plaintiffs—Direct



187a

petty, not yet employed. Eddie Young is, suffice to say, a 
non-professional teacher, a T and I instructor, a qualified 
bricklayer but not certified as what we consider a profes­
sional. He is still laying brick but not under contract with 
us. Mrs. Robinson we could not consider, emergency B. Mary

— 9 —

Cunningham retired. Mrs. Fowler is still being considered 
but not employed, as I know, at this time. Miss Greene 
holds a Probationary Certificate and so far as I know, the 
information available to me, she has not indicated she has 
raised it as of this time. George Greene was dismissed or 
suspended by me in midyear and then, upon reconsidera­
tion, let him finish the year with the understanding that he 
would seek employment elsewhere. Mr. Hostler has been 
employed. I ’ve forgotten the unit right now but not by us. 
Mrs. Marsh is still being considered but not yet employed. 
Miss Roberts was employed elsewhere and I believe prior 
to the closing of the last school year. Mrs. Rouse is em­
ployed but temporary at the moment under the Economic 
Opportunity Program under my supervision. Mrs. White 
could not be considered on the substandard certificate and 
will be offered a job this week. I don’t know whether Mrs. 
White knows it or not.

Court: By you?

A. By an administrative unit in this state. I had a call 
this morning and she’ll know about it by night. Miss Wig- 
fall, still being considered and we were unable to contact 
her last week. There was a position available. Miss Carrie 
Mae Work, we could not consider and I do not believe she 
is employed at this time.

Hugh D. Randall—for Plaintiffs—Direct



188a

Court: This still being considered testimony
— 10-

makes me wonder out loud. Is there any way to 
settle this lawsuit? When are you going to decide 
on people like this?

A. Actually it was brought out yesterday. I had 175 appli­
cations for 66 state allotted positions and we do have 
vacancies all through the year, but it stood to reason I 
couldn’t put 175 people under contract back in May or 
June. We have integrated 100%.

Court: Maybe I didn’t understand. “Still being 
considered” , I assume that you meant—

A. They are active applicants in my file.

Court: With positions open?

A. We have no positions but if positions open we have—

Court: Oh, I thought you meant by still being 
considered that there were jobs open.

A. No jobs open but I ’ve not given up on them as finding 
work for them and that doesn’t mean in my unit but any­
where I can help them.

Q. Mr. Randall, to summarize this list, is it fair to say 
that there are 8 Negro teachers who were not hired by 
the Hendersonville system because there was no position 
open? A. I didn’t do any mathematics on that thing.

Q. I counted 9 and Lemuel Jones was hired and I struck 
him and my list says 8. A. That sounds close.

Hugh D. Randall—for Plaintiffs—Direct



189a

Hugh D. Randall—for Plaintiffs—Direct

— 11—

Q. Could you tell the Court how many qualified experi­
enced white teachers were not rehired because no position 
was open to them! A. This will require an explanation, 
too, because of individuals being replaced. Sometimes they 
inform us they do not want to be considered and we use 
a different work like did not apply or something of that 
nature.

Q. No, I wanted to get the number of white teachers 
who were perfectly satisfactory and qualified and experi­
enced and who did apply but who were turned down be­
cause no job was open. A. It appears to be about four.

Q. Can I have the names? A. Yes, they would be on 
the top of the list.

Q. What list is that, sir? A. Under 5C.
Q. You mean Henderson et al.? A. Yes.
Q. Well, these were people who were not qualified or 

some other reason—Miss Elaine Henderson was incom­
patible—is that correct? A. That’s correct.

Q. Miss Edna Sronce retired—

Court: What page are you on?
Mr. Zarr: 5C.
Court: Is Miss Elaine Henderson white?

Court: Are the first four white?

A. I wonder if we should get involved in all these people.

Court: It’s a good question.



190a

Q. My question is something different, sir. What I 
wanted to know was how many white qualified experienced 
teachers were not rehired for the reasons given below? 
A. Then you will ask me their names, as I understand it.

Q. Yes, I will, if they are not on the list. A. They’re 
on the list.

Q. All the white teachers I see on the list had a reason, 
two did not apply, one was pregnant, one retired and was 
incompatible but I do not see on the list any reason that 
no position was open. A. Since I was brave enough to 
list one, let’s say one at the beginning, OK?

Q. One white teacher who was fully qualified— A. 
Eight.

Q. And was experienced— A. Eight.
Q. And who did apply and was not rehired because there, 

was no position open.

Court: Is that correct?

A. That is incorrect.

Court: Well, how many are there? Are there any
- 1 3 -

white teachers who weren’t hired because no position 
was open?

A. Yes, one.

Court: Well, you just finished saying it was in­
correct.

A. But he added more to his last statement.
Q. Let me go over it again. Was there a single white 

teacher who was not rehired who had applied, was qualified 
and was fully experienced? A. Yes, one.

Hugh D. Randall—for Plaintiffs—Direct



191a

Q. Could you tell me his or her name? A. No. 1 on the 
list.

Q. Miss Elaine Henderson? A. Right.
Q. But the answer to the interrogatories say, is this 

not correct, that she was incompatible. A. That’s correct.
Q. So she was not qualified. A. She would have been 

qualified had the matter of integration not entered the 
picture. We also have to deal with all teachers. If they 
can’t agree with me and be compatible, I sometimes have 
to replace them.

Court: She had an attitude, then, toward Negroes 
that disqualified her?

A. That would tend to create situations.
—14—

Q. Now, could you explain to the Court very briefly how 
the hiring process is conducted? A. Yes. Very briefly, 
we first set up an organization because our schools are 
for the instruction program of children, the education of 
children. We decide, with the School Board’s approval, 
what would make a good organization setup. Then with 
the help of the principals and Director of Instruction 
along early in June we go through every person who is 
available to us to man or to staff that organization, and 
I am, what you would say, influenced greatly by the prin­
cipals and Director of Instruction on the people they want 
to staff their schools. It is true that I would not neces­
sarily recommend everyone they would want, and I will 
go along with some they want that I ’m not particularly 
fond of.

Q. What weight is given to the factor of experience, 
that is, some sort of tenure with the school system? A.

Hugh D. Randall—for Plaintiffs—Direct



192 a

We feel that a beginning teacher, we hire every beginning 
teacher that we can get our hands on because we only 
salvage about 2 to 3% of beginners. We are a mountain 
resort and we have usually twice as many applications 
as we can use. We hire beginners almost as fast as they 
will come to us in hopes that we can keep some of them.

Q. What about experienced teachers, don’t you generally 
keep experienced teachers who are willing to stay and who

—15—
are qualified? A. Generally if they are needed and no one 
is better, that is usually the rule.

Q. But if some newcomer comes along— ? A. And is 
better, we’ll take her.

Q. Have you found that it’s difficult to attract new per­
sonnel because of the insecurity of the job? A. No, sir. 
We operate one of the best school systems in the south­
eastern part of the United States. The 1st through 12th 
grade is accredited by the Southern Association. We 
interview people from New York, California, Florida con­
stantly.

Q. And each year every teacher’s contract is on the line? 
A. That’s right, including mine every two years.

Q. Now, how many new Negro teachers were hired for 
the coming year? A. Would you qualify the new?

Q. New to the system. A. I ’ll check for you. I don’t 
believe there is any. None.

Q. And how many new white teachers were hired for 
’65-66? A. I believe we counted about 10. Was that on 
the interrogatories?

Q. The interrogatories say 14, I believe. A. You didn’t 
ask me to distinguish race on this list.

Q. Are all those listed under 5B, that is, referring to

Hugh D. Randall—for Plaintiffs—Direct



193a

Hugh D. Randall—for Plaintiffs—Direct

—16—
new teachers, are they all white! A. Yes, these are all 
white.

Q. So that 14 new white teachers were hired and no new 
Negro teachers were hired, is that correct! A. That’s 
correct.

Q. And it’s true that not a single one of these 14 new 
white teachers had any experience! A. Only the intern­
ship in our system under our supervising teachers.

Q. Now I would like to go through with you, sir, if you 
will, some of the experienced Negro teachers and, if you 
will, I will have you tell me who each Negro teacher for 
whom there was not a position open was compared against 
in the selection process. First I would direct your atten­
tion to Mrs. Grace Chambers. Could you tell me, sir, who 
she was compared against! Do you have a list you might 
want to refer to? A. You realize this would be voluminous.

Q. I ’d like you to try. A. We would first give you the 
names of five high school English teachers. We’d have to 
give you the name of Mrs. Chicora Westmoreland, Mrs. 
Christine Croft, Miss Myra Williamson, Mr. Tommy Orr, 
Mr. Adolph Atkins. Those are all fulltime English pro­
fessors.

Q. Now, how many fulltime English teachers were em-
— 17—

ployed during the 64-65 year? A. That is the list, includ­
ing Miss Chambers at the formerly Ninth Avenue School.

Q. And therefore the number of English teachers was 
required to be contracted from 6 to 5, is that correct? 
A. I believe that is correct, if I followed you.

Q. In other words, Mrs. Westmoreland, Mrs. Croft, Miss 
Williamson, Mr. Orr and Mr. Atkins are all presently 
hired for next year. A. That’s correct.



194a

Q. And only Mrs. Chambers was dropped! A. That’s 
right.

Q. Now, could you briefly tell me what factors influenced 
your decision to drop Mrs. Chambers as the one out of 
six that was required to be dropped? A. What factors 
were involved?

Q. Yes, why Mrs. Chambers rather than one of the other 
five? A. The recommendation of the principal was the 
prime—would you like that?

Q. Yes, please tell me. A. Would you care to read it? 
I don’t care to read it to the others unless they want to 
hear. Her friends are out there.

(Mr. Zarr reads a paper writing.)
Q. Well, is it fair to say in summary in answer to my 

question that she received a not entirely favorable report?
—18—

A. That’s true.
Q. Now, of the other five, did any of the other five re­

ceive a not entirely favorable report? A. All good reports 
on them.

Q. They all had good reports? A. Yes, sir.
Q. Were they all unqualifiedly good reports? A. Yes.
Q. Was this the major basis of your decision? A. In 

that case, yes.
Q. Let’s pass on to Mrs. Jackson. Could you state briefly 

who she was placed in competition with? A. Yes. She 
would have been placed in competition with Hilyard 
Blankenship, Mrs. Rosalind Pardue, with Philip Brintnall.

Q. Those three? A. Primarily. Those are fulltime in 
her field.

Q. These three have been rehired for next year? A. 
They are all three under contract.

Hugh D. Randall—for Plaintiffs—Direct



195a

Q. She is a science teacher! A. Bight.
Q. Have any new science teachers been hired! A. No.
Q. So what was involved was a contraction from four 

to three and Mrs. Jackson was it, she was dismissed. A.
—19—

I believe you used the word evaporated. She is a person 
that will be employed, not by us but very soon.

Q. Mr. Randall, what I ’m trying to get at is why, if one 
had to be cut, why was she cut! A. Well, you want me to 
say that they didn’t stack up and that’s what it was.

Q. She was the least useful of the four? A. Yes.
Q. And why is that so? A. On the basis of performance.

Court: Well, he wants you to say it was because 
she was a Negro.

Mr. Zarr: No, I want him to tell the truth.
Court: I say that with all due respect to you.

A. Don’t you think we should explain why I’ve lost all 
these teachers?

Court: Well, your counsel will examine you later 
on.

Q. Well, getting back to Mrs. Jackson, what particular 
factor influenced your decision to cut her rather than one 
of the other three ? A. Performance.

Q. Did you observe her in the classroom? A. Not as 
much as the principal and Director of Instruction—and 
student reaction, I go more on student reaction.

— 20—

Q. Did you interview Mrs. Jackson’s students, any of 
them? A. Not as individuals, no, but mostly on grade 
placement and standardized testing programs.

Hugh D. Randall—for Plaintiffs—Direct



196a

Court: Going back a minute, what was the name 
of the first teacher that was let go, where her report 
was less favorable?

Mr. Zarr: Mrs. Grace Chambers.

Q. I would like to establish, if you can tell the Court, 
Mr. Randall, what it was in her report that was not en­
tirely satisfactory, why was her report less satisfactory 
than the other three? A. You’d like me to rate them, in 
other words, for you?

Q. Tell me what were the operative factors in the deci­
sion.

Hugh D. Randall—for Plaintiffs—Direct

Court: This is Mrs— ?
Mr. Zarr: Mrs. Jackson.

A. I detect when we get into evaluation and appraisals, 
when you have four of anything to compare, they’re usually 
rated 1, 2, 3, 4, so rather than say anything against Mrs. 
Jackson, when we rated them I found these others to be 
above her.

Q. What were the most important factors in the rating? 
A. I believe that was on one of the interrogatories. Let’s 
read those. We usually go through personal attractive­
ness, emotional maturity, mental adaptability, social in­
terests; leadership, teacher-pupil relationship, and there’s 
much detail under each one of those. Incidentally, others

— 21-

in the file, application file, are gone through the same way.

Court: Have counsel for plaintiffs examined these 
check sheets?

Mr. Zarr: No, sir.



197a

A. Could I give you another one that you won’t be asking 
me about?

Q. Yes, sir. A. That’s the three we have been talking 
about.

Q. I wanted to talk mainly about the eight that were 
given the reason no position open. Now, in examining 
and comparing Mrs. Jackson with Mrs. Blankenship, Mrs. 
Pardue and Mr. Brintnall, how many years experience did 
Mrs. Blankenship have? A. The interrogatories shows it, 
I believe. 4A and B would cover it.

Q. Do you want to just say that? Would you tell the 
Court Reporter how many years. A. Blankenship, 7 years 
in Hendersonville City schools.

Q. How about Mrs. Pardue? A. Mrs. Pardue, 4 years 
in Hendersonville City schools.

Q. And Mr. Brintnall? A. One year in the Henderson­
ville City schools.

Q. And Mrs. Jackson had 6 years experience, is that 
not right? It says here in 4B, 6 years. A. Six.

— 22—

Q. So that to summarize, Mr. Randall, Mr. Brintnall, 
with one year experience was retained and Mrs. Jackson 
with six years experience was dropped, is that correct? 
A. Not dropped.

Q. Was not rehired, is that not correct? A. Not yet.
Q. And in order to overcome this lack of experience, 

what about Mr. Brintnall’s qualifications? A. He’s an ex­
cellent track coach, for one thing, that was sorely needed.

Q. And what about his other duties, what does he teach 
in addition? A. Biology.

Q. So that you preferred Mr. Brintnall because he had 
an added factor, he could be a track coach as well. A.

Hugh D. Randall—for Plaintiffs—Direct



198a

Then, too, you need to understand. Mrs. Jackson was 
certified in what, science?

Q. Science and Math. A. That is correct but that’s a 
big field and Brintnall is a Biology major. I ’m not sure of 
her major but I don’t believe it’s Biology.

Q. Do you want to check it? A. I will, and she was 
competing with specialist Blankenship as a Chemistry man 
and Brintnall is a Biology man and Pardue is Biology. 
You might say that this is why I say this can get volumi-

—23—
nous. When you get into larger high schools, teachers 
from smallar high schools have to cover the whole field 
where they begin to specialize in the larger situation.

Q. Mr. Lemuel Jones has been hired, you say? A. Yes. 
Q. He has been hired as an attendance counsellor? A. 

That’s correct and as an aid to me.
Q. What will he do? A. He will be an aid to me and a 

counsel on dropouts and attendance.

Court: In the interest of time let’s don’t pursue 
that. Surely there couldn’t be racial discrimina­
tion—

A. I wanted him or I wouldn’t have hired him.
Q. One question on that, sir. Are you familiar at all 

with the term “happy job” ? A. It doesn’t make any sense 
to me.

Hugh D. Randall—for Plaintiffs—Direct

Court: Are you familiar with it?

A. No, I ’m not.
Q. Now let’s consider Mrs. Evelyn Petty. She has two 

years experience and a French and English certificate? 
A. If you took it from the interrogatories, it is.



199a

Q. Now, could you tell me which candidates were pre­
ferred over Mrs. Petty? A. What was she a candidate 
for?

—24—
Q. Mrs. Petty has a French and English certificate. A. 

I know Mrs. Petty.
Q. Can you tell me which candidates wrere preferred 

over her? A. Again this is a matter of specialization. 
You have to consider Mr. Dale Lappin, French, Miss Lois 
Gibbs, Spanish,

Q. Just those two? A. Yes.
Q. And thus here was a question of contracting three 

jobs to two, is that right? A. It wasn’t a matter of con­
tracting jobs, it’s a matter of instructional program.

Q. There was only room for two in that particular pro­
gram? A. That’s correct.

Q. And Mrs. Petty was dropped? A. Yes.
Q. Now, how many years experience did Mr. Lappin 

have? A. It’s on your interrogatories.
Q. Check that, please. A. Six years in Hendersonville 

City schools.
Q. And Miss Gibbs? A. Miss Lois Gibbs has three 

years in the Hendersonville City schools.
Q. And can you tell me briefly why both Mr. Lappin 

and Miss Gibbs were preferred to Miss Petty? A. Special­
ized abilities.

—25—
Q. Will you spell that out, Mr. Randall? A. Yes. Mr. 

Lappin is a major in French with a graduate certificate 
and Miss Gibbs in Spanish with a graduate degree.

Q. They both have graduate degrees? A. Right, or will 
have this summer.

Hugh D. Randall—for Plaintiffs—Direct



200a

Q. Now, turning to Mrs. Annie Fowler, she has a grad­
uate elementary certificate, is that not correct! A. Yes.

Q. And that’s above a Class A in rating! A. If she’s 
in her field and she is.

Q. And she has 14 years experience! A. Yes.
Q. And she taught the second grade! A. Yes.
Q. Which second grade teachers were preferred to Mrs. 

Fowler! A. Mrs. Baker, Mrs. King, Mrs. Miller, Mrs. 
Sossamon, Mrs. Parmele, Miss Durham—this name has 
changed since last week, I believe. On the interrogatories 
it would be Miss Durham, it’s Mrs. Gessner now.

Q. So there will be six second grade teachers for next 
year! A. Tentatively.

Q. And last year there were seven second grade teachers, 
is that correct! A. I doubt it.

Q. Can you check rapidly! A. Not here we can’t.
—26—

Q. Is it fair to say, Mr. Randall, that each one of these— 
A. That varies from year to year.

Q. Is it fair to say, sir that each one of the six second 
grade teachers were preferred to Mrs. Fowler, is that cor­
rect! A. No, Mrs. Fowler was compared with more than 
second grade teachers. Miss Fowler is a grammar grade 
teacher. She was compared with about 45 other people.

Q. And 44 others were preferred to her! A. No.
Q. How many were preferred to her! A. Out of 175 

maybe 30. You need this for your information, if I may 
offer it. A grammar grade certificate will cover grades 
3 through 8.

Q. Well, Mrs. Fowler had 14 years experience. How 
many teachers were hired for the second grade who had 
less than 14 years experience! Of these six you mentioned, 
how many had less than 14 years experience! A. I don’t

Hugh D. Randall—for Plaintiffs—Direct



201a

believe I have sufficient information to figure that up for 
you. Let’s say none, if that’s the answer ysou want.

Q. I just want the facts. Is it possible to check with 
any information? A. I don’t have that with me, no, sir. 
It might be in the interrogatories, let me check.

Q. It says Mrs. Baker two years, is that correct? A.
—27—

Two years in Hendersonville City schools.
Q. Mrs. King is four years? A. Eight.
Q. And Mrs. Miller is 11 years? A. It sounds right.
Q. And Mrs. Sossamon is 36 years, Mrs. Parmele three 

years and you say Mrs. Gessner is new to the system? 
A. (Shakes head affirmatively.)

Q. And she was added since these interrogatories. A. 
I believe she’s a Miss Durham on the interrogatories.

Q. I see, so she is now Mrs. Gessner and she has no 
experience. A. (Shakes head affirmatively.)

Q. So that of the six second grade teachers, at least, 
who were preferred to Mrs. Fowler, five had less experi­
ence than she, is that correct? A. I ’m assuming you sub­
tracted, yes, sir, I agree with you.

Q. Can you tell me, in each of these five cases, what 
characteristics of the successful five outweighed Mrs. 
Fowler’s experience? A. I would say they outweigh Mrs. 
Fowler in personal attractiveness, emotional maturity, men­
tal adaptability, social interests, leadership, teacher-student 
relationship.

Q. Did you examine these candidates in the classroom, 
did you observe their conduct? A. All that had been with 
us, yes, sir.

—28—
Q. Mrs. Baker, you examined her conduct in the class­

room? A. Or people from my office did.

Hugh D. Randall—for Plaintiffs—Direct



202a

Q. You had reports on this? A. Yes, sir.
Q. Now, tell me, sir, in what respect the reports you 

received of these other five with less experience? A. I 
don’t require a report unless it is necessary in the eyes of 
the Director of Instruction.

Q. Let me rephrase the question, sir. Each of five teach­
ers who had less experience than Mrs. Fowler were pre­
ferred to her. I want you to tell me, sir, in your own words 
why is this so? A. There was probably more than five.

Q. How many were there? A. As I said, you could go 
through about 40 others that would be in the same certified 
field. If you want those particular five, we can do that.

Q. Let’s start with the five. A. All right. I ’ll give them 
to you shortly as possible. Call the names.

Q. Mrs. Baker. A. Personal preference.
Q. Can you spell that out? A. It’s personal, personal 

preference as far as me recommending.
Q. Is it possible to go deeper, to tell the Court just what

—29—
about her made you prefer her to Mrs. Fowler? A. I don’t 
like to do this sort of thing except in a cattle show where 
I can place the cattle and say, the way you win that argu­
ment is to run down this one in this bin and you make this 
one in this bin look better. I ’d rather not do that sort of 
thing.

Q. What we’re trying to do here— A. I say personal 
preference, I can give you a lot of jargon.

Q. The selection process, I take it you’ll agree, is a 
rational process, is it not? A. Yes, it is. I’m just as fair 
as I can be in it, if that’s what you want to know, keeping 
the student upmost in mind.

Q. And so each decision is based upon reason? A. We 
employ teachers for students, not for jobs.

Hugh D. Randall—for Plaintiffs—Direct



203a

Q. But there is no reason you can articulate beyond per­
sonal preference for preferring Mrs. Baker— A. If that 
will suffice, we’ll leave it at that.

Court: Well, whether it will suffice or not is up to 
me. You answer as you see fit but this is a judicial 
inquiry and he has a right to ask it. Now, if that’s 
your answer, fine, or if you want to enlarge on it 
and if your counsel advises you to, why that’s 
another matter.

A. Personal preference.
Q. Mrs. King! A. Personal preference.

—30—
Q. Mrs. Miller! A. Personal preference.
Q. Mrs. Parmele! A. Personal preference.
Q. Mrs. Gessner! A. Personal preference.
Q. Turning now to Claude Hostler. I believe he has a 

grammer certificate and he has eight years experience, is 
that correct! A. I ’ll agree.

Q. And he taught in the 8tli grade! A. Affirmative.
Q. Now, could you tell the Court who he was compared 

to! A. Do you want the 8th grade teachers only!
Q. If that is what the comparison was. A. He was com­

pared with all grade teachers.
Q. Including 8th grade teachers! A. Yes.
Q. Well, just tell me the 8th grade teachers. A. Dave 

Sitton, Mrs. Gaffney, Mr. Whitmire, Mr. Mooney, Mrs. 
Lancaster, Mr. Brendell.

Q. Now, did any of these six have more than eight years 
experience! A. For the sake of time, I ’ll say no. I don’t 
believe they did.

Hugh D. Randall—for Plaintiffs—Direct



204a

Hugh D. Randall—for Plaintiffs—Direct

—31—
Q. Now, is it possible for you to tell me, if you can, 

what you found in each of these that was superior to Mr. 
Hostler! Would you be willing to do that, sir? A. Each 
of those— ?

Q. Each of these, I take it, was preferred to Mr. Hostler. 
Each of these was hired for next year, is that not correct? 
A. That is correct.

Q. Could you tell me what about each of the six made 
that person preferable to Mr. Hostler? A. In light of 
recommendations to me and personal preference.

Q. What kind of recommendation was made to you about 
Mr. Sitton? A. In that particular case I made that one 
myself.

Q. What kind of recommendation was made to you about 
Mrs. Gaffney? A. I made that one myself.

Q. With regard to Mr. Whitmire? A. Good.
Q. Good recommendation? A. (Shakes head affirma­

tively. )
Q. What kind of recommendation was made to you about 

Mr. Hostler? A. I believe it was fair.
Q. Fair? A. Probably good. No, I believe you want to 

read this one yourself. (A paper writing is handed to
— 32—

Mr. Zarr.)

Court: How would you characterize it, good, fair 
or poor?

A. Poor.
Q. Who is Mr. Anderson! A. He was principal.
Q. Let’s continue on to Mrs. Marsh. She has a grammar 

certificate, does she not? A. Correct.



205a

Q. And has three years experience and taught in the 
first grade? A. Correct. I’m not sure about the first 
grade. You mean last year!

Q. Yes. She has not been rehired for the year 65-66? A. 
Not as of yet.

Q. Now, have there been any new teachers hired for 65-55 
in the first grade? A. I don’t believe so. We do not em­
ploy teachers by grades, I think that is what is confusing 
you a little bit. Indirectly, we hire primary teachers, 
middle grade teachers and high school teachers.

Q. I take it that Miss Sylvia Christopher was hired for 
one of the primary grades, is that not correct? A. Yes, 
I believe she was.

Q. That would be that she would be teaching grades 
either 1, 2 or 3? A. Right.

—33—
Q. And the same with Mrs. Ann Shelton? A. Correct.
Q. And the same with Mrs. Gfessner? A. Right.
Q. Now, Mrs. Marsh has a grammer certificate so she 

would be able to teach in other grades than the first grade ? 
A. Grammer grades?

Q. Yes. A. She actually should not teach below the 4th 
grade.

Q. Now, who was Mrs. Marsh considered against in 
terms of the possibility of a position? She has a grammer 
certificate. A. All other grammer certificates.

Q. About how many of those would there be ? A. May I 
shorten that for you? It was not certification and experi­
ence in that case.

Q. What type of certificate does Mrs. Marsh have? A. 
It’s a good certificate, I believe. It’s a valid certificate, yes,

Hugh D. Randall—for Plaintiffs—Direct,

sir.



206a

Q. But is there any defect in her qualifications? A. I 
don’t recall any in her qualifications.

Court: I didn’t understand. You said shorten it, 
I thought there was something disqualifying. What 
did you mean to shorten it?

—34—
A. The reason, if that’s what he’s asking, the reason for 
her not yet being under contract has nothing to do with 
her qualifications or certification, they are all in order.

Q. What does it have to do with? A. It has to do with 
personal preference. You have to keep in mind I ’m not 
accustomed to being in court, but these people have friends 
here. I don’t intend to heat around the bush.

Court: You’ve got to decide whether you’re on 
the School Board’s side or their side. It’s for you 
to decide, I don’t know.

A. Again I say that when I make a recommendation for 
someone to teach my child, personal preference enters the 
picture.

Hugh D. Randall—for Plaintiffs—Direct

Court: We have what we call an adversary sys­
tem of justice which, of course, has its limitations, 
but that’s what we’ve got so you’ve got to decide 
just whose side you’re on.

A. I did not recommend Mrs. Marsh at that time.
Q. For personal reasons? A. Right.
Q. Going on to Mrs. Rouse, she has a primary certificate 

and has taught 39 years and taught the first grade. A. 
Correct.



207a

Q. And can you give me in capsule form why, after 39 
years, she was not rehired? A. She has never quit work, 
really. She does not have a contract. We arranged em~

—35—
ployment for her all through the summer and will continue 
her employment at least through October, but we can’t put 
that on a contract.

Q. Was it a weighty factor in her favor that she had 
served 39 years apparently? A. It was a weighty factor, 
yes.

Q. What other factors so weighty as to overcome that 
factor—

Hugh D. Randall—for Plaintiffs—Direct

Court: Wait, I ’m confused. Is she hired or not?

A. Yes, she is employed but we can’t place certain people 
under contract unless we meet the State’s—you just don’t 
place short term employees under a year contract.

Court: What kind of work does she do?

A. She’s running a migrants child care day school right now 
under our supervision. Not to confuse the issue, we also 
operate a school for migrant children without contracts. 
She is the principal of that school.

Q. But she has no employment past October? A. I don’t 
have anything lined up yet for past October.

Q. Why, with her 39 years experience, have you not 
something lined up for her? A. What was that about 
39 years?

Q. She has 39 years experience? A. That’s correct, yes. 
Q. Why, the question is, have you not got something



208a

lined up for her? A. After you’ve taught that long it’s
- 3 6 -

hard to line up things.
Q. Why is that, sir? A. Sometimes physical ability and 

personal appearance. All of those factors enter in, un­
fortunately, and it is sometimes more difficult with too much 
experience than it is with not enough.

Court: I can’t understand what happens to this 
woman. October is she going to be let go and some- 
bodyelse take her place or is there going to be no 
job or do we just not know or what?

A. We have a shifting population. We’ll have about 200 
children come in from Florida to pick beans.

Court: I didn’t ask you why. What’s going to 
happen to her? Is she going to be hired or fired?

A. If the State of North Carolina will permit it, I’ll em­
ploy her the rest of the year. So far they have temporarily 
allotted her through October to me.

Court: Well, can’t we take her out of the lawsuit, 
unless there is evidence to the contrary.

Mr. Prince: She’s not in the lawsuit.
Court: It’s a class action and she’s a member of 

the class.
Mr. Zarr: I take it her status is a very iffy thing. 

A. Mine is too.
—37—

Q. Let me put it this way. She taught for 39 years and 
taught the first grade, why is there not a first grade posi­

Hugh D. Randall—for Plaintiffs—Direct



209a

tion open for her! A. Out of the number I had to choose 
from, I did not prefer it.

Q. Why? A. Personal preference.
Q. Mrs. Doris Wigfall, she has a grammer certificate, 

three years experience and has taught in special educa­
tion, is that correct? A. Correct.

Q. Can you tell me in brief form why she was not re­
hired? A. Special education—did she teach all year with 
us? I don’t believe she did—Yes, she did, I had her mixed 
up with somebody else. As of this date I have lost contact 
with Mrs. Wigfall. We did not employ her as of the date 
of the interrogatories.

Q. Mr. Randall, I am going to read you certain portions 
of the answer filed by the School Board in this case and 
I want you to tell me what some of these things mean. A. 
I didn’t write it but I ’ll try.

Q. The answer states on Page 6, well, to pick up the 
sense of it: “That in compliance with said court approved 
plan and in conforming to the general plan required by 
the Federal Judiciary in various constructions of the Con­
stitution this Defendant has done and accomplished the 
following:

—38—
5. Employed Negro teachers to serve two purposes:
(a) To have Negro representation at the Teacher level.
(b) To provide employment for as many of the displaced 

Negro teachers as could be done in good consicence con­
sistent with the obligation of the Board. This was done 
not necessarily because they were Negro but because they 
were employees of the School System who had lost their 
.jobs as a result of the social progress of integration and 
any employer owes this duty to employees and because it

Hugh D. Randall—for Plaintiffs—Direct



210a

was thought this would be to the best interest of the School.” 
Mr. Randall, tell me, if you will, why you considered these 
Negroes had lost their jobs! A. Did I consider!

Q. Did you, sir! A. If they lost their jobs, it was purely 
an evaporation.

Q. Why consider them having lost their jobs! A. 
Every teacher loses their job the last day of school.

Q. But these people had lost their jobs “as a result of 
the social progress of integration.” A. You didn’t com­
plete your statement. There was a shift in population.

Q. And this shift of population necessitated or resulted 
in Negroes losing their jobs! A. Resulted in the shift of 
teachers, too. The teachers failed to shift but the students 
did.

—39—
Q. Isn’t it correct, sir, that because of the shift of 

Negroes, Negro students, Negro teachers evaporated be­
cause Negroes moved? A. There was a shift in Negro 
students because of the reorganization of the City School 
System.

Q. Answer my question, sir. Is it not correct that Negro 
teachers evaporated because Negro students moved! A. 
I don’t follow your question.

Q. Well, let me rephrase it again, then. It said here in 
the answer that Negro teachers lost their jobs as a re­
sult of the social progress of integration. Is it not correct, 
sir, that you interpreted that to mean that the result of 
social integration meant the Negroes had moved! A. Yes.

Q. And as a result of the Negroes moving, the Negro 
teachers lost their jobs.

Court: Let me see if I can make it any plainer. 
You did have this grade 1 through 12 Ninth Avenue 
Negro School!

Hugh D. Randall—for Plaintiffs—Direct



211a

Hugh D, Randall—for Plaintiffs—Direct 

A. That’s correct.

Court: You don’t have it now.

A. No.

Court: Now, I think Mr. Zarr’s question comes 
to this, when you abolished the Negro school was 
your attitude of mind that you abolished the Negro

- 4 0 -
teachers who might then re-apply to the rest of 
the school but their jobs went. Was that your at­
titude?

A. No, I felt that the jobs should go to the students.

Mr. Prince: If the Court please, I have prepared 
the answer and if I may, I ’d like to answer it. The 
jobs went out of the system, out of existence, because 
200 students went out from our control. I meant 
that the jobs formerly held went out of existence 
completely.

Court: Well, did the School Board consider all 
of the Negro teachers in the Ninth Avenue School for 
jobs that existed in the newly organized system?

A. Yes, and I said, I had my pick from too many.
Q. But, sir, would not these Negro teachers regarded, 

in the words of the answer, as “displaced” . . . they were 
displaced teachers, were they not? A. You would assume 
that, yes. You could assume that.

Q. But they didn’t have the same status as non-displaced 
teachers. A. What is a non-displaced teacher?



212a

Q. I suppose a teacher in a school that hadn’t been re­
shuffled as a result of integration.

Court: Let me, again, if I may, interrupt. I ex-
—41—

pect you’ve probably got one school that didn’t 
change any, maybe. Have you got maybe one school 
that is virtually the same, the same teachers in it 
next year as there were last year?

A. Yes.

Hugh D. Randall—for Plaintiffs—Direct

Court: For that type school, for that school, I 
think Mr. Zarr’s question may come to ; did you con­
sider the Negro teachers as being eligible for em­
ployment in that school or did you simply consider 
that the white teachers who were there before had 
those jobs and not consider displacing the white 
teachers with Negro teachers if the Negro teachers 
should be better or equally qualified?

A. On the contrary, a Negro teacher was given preferential 
consideration.

Q. Could you explain that, sir? A. Preferential conside­
ration because, as you mentioned there, this is not new and 
sudden to Hendersonville. As early as 1953 we built and 
planned the doing away with the dual school system and 
as early as a year before last we wanted to close the all- 
Negro school but, under pressure from the Negro commun­
ity, we kept it open, but students could go to any school 
they wanted to. So this was a planned program and for 
two or three years I have discussed it freely with the



213a

Hugh D. Randall—for Plaintiffs—Direct

—4 2 -
teachers—for the last two years—that they would get prime 
consideration. We wanted to place them in the profession. 
I can’t promise as an individual, or the Board cannot, prom­
ise continued employment forever in any case.

Q. Am I correct in interpreting that as meaning yours 
was a benign system to place the displaced Negro teachers! 
A. I don’t follow you.

Q. Well, these Negro teachers were treated as, somewhat 
as refugees, weren’t they? Their schools had been shot out 
from under them. A. No, they were treated as my em­
ployees—I don’t mean my, as our employees. Maybe I ’m 
on the wrong side here but those teachers were my friends, 
they were our employees.

Q. And you tried to do what you could for them? A. 
Yes.

Q. Beause they had been displaced? A. That’s right.
Q. You made a special effort because they were displaced 

teachers. A. If you were my employee and I saw you 
didn’t have a job, I ’d try to help you.

Q. And the reason you didn’t have a job was because of 
the changeover? A. Social change, that’s right.

Q. On page 8 of the answer it says: “This Board and 
the School people here would like to establish, maintain,

—43—
and stabilize an education atmosphere to the end that it be 
enabled to carry out its mission to educate adequately the 
pupils (of every race) for whose educational welfare it is 
responsible.” Sir, how do you attain stabilization of an 
educational atmosphere? A. You do it through a success­
ful program.

Q. A program that— A. That proves to be successful 
at the college level and in the vocational level.



214a

Q. I take it, sir, that stabilization also includes some sort 
of racial stabilization. A. I didn’t infer any such.

Q. It has nothing to do with racial stabilization, has 
nothing to do with the quota system? A. What is a quota 
system ?

Q. Is it not correct that Drysdale School has two Negro 
teachers for next year? A. They may not have two.

Q. But it’s projected they will have two? A. It’s pro­
jected as of that time, yes.

Q. It’s projected that Edwards will have two Negro 
teachers ? A. Who ?

Q. Edwards. A. They may not have any.
— 44—

Q. But the answers to the interrogatories say two. A. 
Yes.

Q. Is that a fair estimate? A. That’s fair.
Q. And the Hendersonville High will have two Negro 

teachers. A. That’s correct, as of that time.
Q. So that it might appear to the casual observer that 

two Negro teachers would be a stabilized situation per 
school? A. It might accidently prove to be several other 
factors. If it did, it was an accident.

Q. Let me put it another way. Would two Negro teachers 
per school be stabilization as you know it? A. I ’ll have 
to be frank with you, that’s the first time it ever entered 
my mind.

Mr. Prince: It’s my language. May I answer it?
Court: He answered it. He says he didn’t relate 

the word stabilization to any quota of Negro and 
white.

Mr. Prince: May I explain stabilized? We wanted 
to go ahead and integrate the whole school system.

Hugh D. Randall—for Plaintiffs—Direct



215a

This thing changes every school year and we went 
on to integrate the whole school to get the thing 
stabilized.

Q. On Page 9 of the answer Pd like to read to you the 
following three sentences: “Sixteen Negro teachers were

—45—
allotted to the Ninth Avenue School (plus two additional) 
for High School for the year 1964-65. Nine fewer were 
allotted for the year 1965-66 to the School System. Seven 
Negroes were employed.” That’s not a coincidence, is it, 
sir? Sixteen minus nine equals seven. A. No.

Q. Could you explain that relationship? A. I know ex­
actly what you are talking about. It was interesting to me. 
Frankly, I only recommended four for employment origi­
nally.

Q. Four Negroes? A. Eight. I felt obligated to the 
Negro teachers that were seeking work, and all the teachers 
seeking work, for that matter. By waiting a -while—actually 
I have employed nine more people now than we have posi­
tions for.

Q. But, sir, it says nine fewer were allotted for the year 
1965-66. A. That is a State allotment.

Q. Nine fewer teachers white and Negro or just Negro? 
A. Well, the State only allotted them separately last year.

Q. I see, you were allotted nine fewer Negro teachers? 
A. What year?

Q. For 65-66. A. The State did not distinguish between 
white and Negro.

Q. You were allotted nine fewer any color teachers for
—46—

Hugh D. Randall—for Plaintiffs—Direct

65-66. A. Right.



216a

Q. And nine from sixteen equals seven and that’s why 
it says seven were employed. A. No, that is not correct.

Q. It is not correct? A. Your mathematics is correct 
but that was not the reasoning.

Q. It’s a mere coincidence that it says that sixteen Negro 
teachers were allotted and nine fewer and that seven Neg­
roes had been employed. A. We employed eight.

Q. But seven at the time of the preparation of the an­
swers. You’re not telling me, are you, sir, that it’s mere 
coincidence that the figures work out this way? A. Yes, 
I ’m telling you that. Eight from sixteen doesn’t leave 
seven.

Q. There were seven at the time. A. I didn’t realize that.

Cross Examination by Mr, Prince:

Q. You have used the term personal preference and I 
would like to ask you if this is a fair statement of what 
you mean, that in the final analysis it’s your responsibility 
to make recommendations and what you mean by personal 
preference is that represents your considered judgment

—47—
in making the recommendations? A. That is correct.

Q. In making those recommendations did you consider 
race as a factor at all? A. Yes.

Q. To what extent, would you explain that? A. We 
actually gave them first consideration, I say with prefer­
ential treatment.

Court: Gave who preferential treatment?

Hugh D. Randall—for Plaintiffs—Cross

A. The Negro teachers.



217a

Q. If you had based your recommendations solely on 
qualifications of the Negro teachers as compared with all 
of the teachers, how many would you have recommended? 
A. It would have been that first four.

Q. I believe you did recommend that initially? A. Yes.
Q. Then 1 believe that you came back and said that you 

thought that we ought to employ seven Negro teachers for 
the welfare of the teachers and the school? A. Bight.

Q. Now, Mr. Randall, I ask you if this is a fair state­
ment—you and I discussed this matter and decided the 
Negroes ought to have adequate representation at the 
teacher level and also we ought to put a Negro on the 
School Board? A. That’s correct.

Q. And in order to accomplish that we had to get the
—4 8 -

City Commissioners to get an enactment of the Legislature 
to increase membership. A. That’s correct.

Q. And that was done and a Negro member was put on 
the School Board. A. Yes.

Q. And we employed the additional three teachers in 
order to give them a proportional representation even 
though on the basis of qualifications only you would only 
have recommended four. A. That’s correct.

Q. When you used the words “personal preference” you 
didn’t mean anything of a capricious selection. A. What 
I meant, sir, is when I have to make the recommendation 
I can’t pass the buck and everything was taken into con­
sideration regardless. I have to make the recommendations 
and no one can make it for me.

Q. You have a Director of Instruction? A. Yes.
Q. Who supervises and observes all of the teachers? A. 

Yes.

Hugh D. Randall—for Plaintiffs—Cross



218a

Q. And you give great weight to his recommendations? 
A. That is correct.

Q. And the principals. A. The principals are all non-
—4 9 -

teaching fulltime supervisors and that is their job.
Q. And they are continually undertaking to teach the 

decision as to the suitability of teachers? A. And through 
verbal conference at least once every spring we go through 
every faculty member.

Q. One of the plaintiffs in this case, Mrs. Chambers. I 
want to ask you if in addition to what you said you haven’t 
had complaints about her credit? A. Yes, sir.

Q. These things have to come out in this court and I 
wanted to bring it out to the Court to show you’re trying 
to protect them. If those are factors in it, I want the Court 
to have the benefit of them. You have had letters and 
telephone calls from the finance company? A. Yes, sir.

Q. And she was finally sued on the account? A. Yes, 
sir.

Q. And the principal recommended against and stated 
she was unable to control the students? A. That’s correct.

Q. What were the qualifications of that principal? A. 
He held a North Carolina Principal’s Certificate and Mas­
ters Degree from Columbia and was working on his Doc­
torate at Columbia.

Q. And is now in school administration, or rather a
—5 0 -

Masters in School Administration? A. Yes, sir.
Q. You consider him a highly qualified principal? A. 

Yes, sir, I recommended him for employment.
Q. Now, I believe several years ago, again with respect to 

legislation, the School Board was set up comprised entirely 
of Negroes. A. That’s correct.

Hugh D. Randall—for Plaintiffs—Gross



219a

Q. And you followed as nearly as you could that School 
Board! A. That’s correct.

Q. Consistent with your own duty to make the recom­
mendations. A. Almost consistently.

Court: A special School Board for Ninth Avenue! 

A. Yes, sir.
Q. And that was six, seven years ago, five or six, anyway. 

A. We have had it at least six years.
Q. In effect the Negroes have been running the Ninth 

Avenue School. A. Yes, sir.
Q. I want you to explain to the Court the nature of that 

school as to what geographical limits it covered at that 
time. A. We served students from all of Henderson 
County, part of Polk County, all the high school from 
Transylvania County.

Q. What was the composition of that Board! A. It had 
board members from Transylvania County, at least two

—51—
from Henderson County and the remainder from the Hen­
dersonville District.

Q. That situation existed until this Court ordered Tran­
sylvania County to integrate and at that time the Tran­
sylvania students were returned to Transylvania County. 
A. That’s correct.

Q. The school continued to operate as a school serving a 
small portion of Polk, all of Henderson County outside 
of the Hendersonville City School District and also Hen­
dersonville City School District. A. Right.

Q. Is it fair to state that about 60% of the students only 
were in the Hendersonville School District? A. Yes, that’s 
about correct.

Hugh D. Randall—for Plaintiffs—Cross



220a

Q. And when the decision was made to completely in­
tegrate the schools and assign the students to the schools 
by grades, about 40% of the assignment of that school were 
returned to Henderson County. A. Correct.

Mr. Prince: We do not have a zoned school dis­
trict over there. I just wanted to acquaint the Court. 
All of the students in the first three grades will go—

A. We operate as one unit.
Q. And all of the high school will go to one high school

—52—
and all of the junior high to one high school so there’s no 
question about the integration of students. A. That’s cor­
rect.

Q. When that decision was made, the question was asked 
what would be done about the teachers. A. That’s correct.

Q. That’s when you decided that at least we ought to 
take as many teachers as the State had allotted to that 
school system for the pupils that went into the Henderson­
ville schools. A. I made that suggestion.

Q. And then you compared the rest of the teachers with 
all of the applicants that you had. A. (Shakes head affirm­
atively. )

Q. I believe you said you had 175 applicants for jobs. 
A. Yes, sir.

Q. And of those applicants you selected the ones that you 
recommended to the School Board and they were all em­
ployed. A. That is correct.

Q. Did the School Board in any instance refuse to em­
ploy any teacher that you recommended? A. I don’t ever 
recall.

Hugh D. Randall—for Plaintiffs—Cross



221a

Q. Have they ever refused to employ any you recom­
mended? A. No, sir.

Q. As a general rule do you employ the teachers that your
—53-

Director of Instruction recommends? A. As a general 
rule, yes, sir.

Q. And did you give weight to the recommendations of 
your prinicpals? A. Yes, sir.

Q. Mr. Randall, all those things are matters of discre­
tion and judgment on the part of the individuals that make 
the recommendations, aren’t they? A. Yes, sir.

Q. And there are many factors that enter into it? A. 
(Shakes head affirmatively.)

Q. I want to ask you this, our school is operating under 
an order of this Court at the time these things happened? 
A. That is correct.

Q. And this Court used the language “ if the School 
Board in good faith” carries out what it said in its answer 
all problems would be solved. A. That’s correct.

Q. That matter was brought to your attention and to the 
attention of the School Board that in this particular situa­
tion we owed an even higher duty to this Court than the 
law to be more than fair in assigning those teachers, is that 
correct? A. That is correct,

Q. Now, has anybody ever complained to you about the
- S i -

employment at all? A. No, sir.
Q. Do you know that the first notice that the School 

Board ever had of this suit was a notice in the newspaper? 
A. So I was told. The first I knew was in the paper.

Court: No complaint was ever made to you by 
any of the plaintiffs?

Hugh D. Randall—for Plaintiffs—Cross



222a

Hugh D. Randall—for Plaintiffs—Cross

A. No, sir.

Mr. Prince: The communication that I had was 
when Mr. Hensley called me and said what about 
this lawsuit over there and I said what lawsuit. Any­
how, that is an incident. What I ’m trying to show 
by the Superintendent here is that his recommenda­
tions—well, let me ask him.

Q. You carefully considered every Negro teacher that 
was employed? A. That’s for sure.

Q. Did they make a formal application to you? A. They 
did but didn’t have to.

Q. Now, did you have any applications from any new 
Negro teachers at all? A. No.

Q, So when you came to decide on what teacher to employ 
you had 175 applicants and of those applicants who had 
not taught before none were Negroes, is that correct? A.

—55—
I believe that’s correct.

Q, I want to ask you catagorically to state whether or 
not if any teacher who was not employed by you the race 
factor entered into it at all, any teacher who was not em­
ployed. A. No.

Q. I believe Mr. Zarr brought this about, the three plain­
tiffs, and you have already covered Grace Chambers. Now 
Miss White and Miss Greene, your interrogatories show, 
were operating on a probationary certificate. A. Correct.

Q. I believe you testified that our school system, elemen­
tary and high school, has been accredited by the Southern 
Association. A. That’s correct, of Secondary Schools and 
Colleges, yes, sir.



223a

Q. Have you ever served as an inevstigator or examining 
committee for that organization, looking to the accredita­
tion of other schools! A. Yes, sir, I am a member of the 
North Carolina Committee of that Association.

Q. Do you know what the effect would be on our schools 
if we were to employ teachers teaching on a probationary 
certificate? A. Unfortunately because of my position with 
the Southern Association we have to set a better example. 
It definitely would jeopardize accreditation.

—56—
Q. It just isn’t permitted, is that correct? A. Yes, sir.
Q. One of the qualifications of accreditation is to main­

tain without exception teachers of A Certificates. A. That 
is correct.

Q. You have said that these teachers that you employed, 
the experience they had was as an intern in the school 
system. Hasn’t it been our custom, to employ these girls out 
of school on a teacher training program and observe them 
carefully with a view to adding them to our faculty? A. 
That is our purpose, yes, sir.

Q. And those that you conclude have particular aptitude 
for that type work you try to employ? A. Correct.

Q. I want to ask you now if the School Board, upon your 
recommendation, hasn’t formally adopted a policy that all 
teachers and professional personnel of every kind will be 
employed without regard to race? A. That is correct.

Q. And I believe we did that last spring before any 
thought of this lawsuit. A. That is correct.

Q. Mr. Zarr was rather emphasizing that you had not 
re-employed certain white teachers. I ’ll ask you if it hasn’t 
been your policy to give them an opportunity not to apply

Hugh D. Randall—for Plaintiffs—Cross



224a

Hugh D. Randall—-for Plaintiffs—Cross

- 5 7 -
in order so that they won’t have to show it on their record? 
A. Yes, sir. The same privilege was extended to one on the 
other list.

Q. If you don’t feel like you can recommend them you 
try to give them notice and an opportunity not to apply. 
A. If I don’t recommend them to our system, it doesn’t 
mean that I won’t recommend them to a neighboring sys­
tem.

Q. On the probationary system there are systems not 
accredited which would not be adversely affected by employ­
ing Miss Greene and Miss White. A. That’s right.

Q. You try to run your own farming system there. A. 
(Shakes head affirmatively.)

Q. You have stated, I believe, that Miss White you had 
ascertained she has employment? A. Perhaps I shouldn’t 
have mentioned it but I did have a call this morning and I 
am assured. Yes, she will be offered a job this week.

Q. The law requires this Court to inquire into every rea­
son you made the decisions and it’s important he know that 
you did not decide by using race to discriminate. A. That’s 
correct.

Q. What about Miss Greene? A. I thought she had a 
job last week. I understood she would be offered a job but 
I don’t know for sure.

—58—
Q. Do you know about Mrs. Chambers? A. Yes, Mrs. 

Chambers has been employed.
Q. Do you see her in the courtroom now? A. Yes.

Mr. Prince: That’s all.
Court: Any redirect examination?
Mr. Zarr: Just a bit, your Honor.



225a

Redirect Examination by Mr. Zarr:

Q. Mr. Randall, I hand you the following letter and ask 
you to identify it, please. A. This is a copy of a letter I 
received from Mr. Chambers.

Q. Would you state to the Court the nature of the con­
tents of that letter? A. I’ll be happy to read it.

Court: What’s this, about whether he got a notice 
of the thing before it was filed?

Mr. Zarr: Yes, sir.

A. He has a copy of my answer.
Q. I merely want to ask you, Mr. Randall—

Court: Where is his answer to that? (A paper 
writing is handed to the Court.)

Q. Would you state for the record the date of this letter? 
A. This letter is dated, it looks like June 17.

Q. And in this letter Mr. Chambers, does he not, asks
—59—

you on behalf of the teachers in Hendersonville to seek to 
re-employ them?—Negro teachers, that is. A. Yes.

Q. And was not this letter received by you at least a 
week prior to the filing of the suit on June 28? A. I don’t 
know when the suit was filed.

Court: It appears it was if it was filed June 28. 
Mr. Prince: Did you introduce the letter into evi­

dence ?
Mr. Zarr: Yes, I will do that.

(Plaintiff’s Exhibit #2  received in evidence.)

Hugh D. Randall—for Plaintiffs—Redirect



226a

A. Was that a notification of suit, too? It may have been 
ignorance on my part.

Q. Mr. Randall, you stated, I believe, that you had 
adopted a preferential system of hiring Negro teachers in 
the Hendersonville City School System! A. No, I did not 
state that.

Q. Did you not state that you had taken into account 
the factor of race in rehiring teachers? A. I personally 
in evaluating teachers could not be blind, so to speak, and 
I am in complete sympathy, more so with the Negro 
teachers than the white.

Q. Well, did you not state that you actually employed 
a preferential system of hiring? A. I didn’t say of hiring, 
I said of my evaluation.

—60—
Q. I see. You employed a preferential system with re­

spect to Negroes in your evaluation. A. That’s right.
Q. Notwithstanding this preferential evaluation, is it 

not true that the number of Negro teachers in one year 
declined from 24 to 8? A. That’s correct.

Court: We’ve got that established. Anything new?
Mr. Zarr: No, Your Honor, thank you.

Mr. Harrell: In the interest of time, Mr. Palmer, 
we plan to pursue the same line of questioning we 
pursued in yesterday’s case. If it’s all right with 
the attorneys we could get his testimony from the 
record of the other case.

Mr. Prince: I have no objection.
Court: By consent we will include Mr. Palmer’s 

testimony in the Morganton case in the record of 
this case.

Hugh D. Randall—for Plaintiffs—Redirect



227a

Mr. Prince: Insofar as it is pertinent.
Court: Oh, yes, it’s all general. And I should 

note for the record that counsel for Hendersonville 
School Board was present yesterday and heard the 
testimony at that time. You may ask some addi-

—61—
tional questions.

Elliot B. Palmer—for Plaintiffs—Cross

E lliot B. P almer, having been duly sworn, was examined 
and testified as follows:

Cross Examination by Mr. Prince-.

Q. Mr. Palmer, how many of our teachers wrote you 
complaining? A. I would have to check the records.

Q. Would you check it? A. I do not have them with me. 
Q. Were there more than those that were plaintiffs? 

A. I cannot answer that without the record.

Court: Have you any general memory of it, ap­
proximately?

A. If I recall the Hendersonville case, almost all those 
that were dismissed expressed some opinion for our help.

Q. Did they ask you to bring a suit for them? A. This 
was asked by some members, I don’t know how many. 
This was a group in an oral meeting once and some in 
writing. I don’t know how many.

Q. I ’d like to ask you this, why did you just select three 
to sue for? A. We did not select three. Many teachers 
exist under certain degrees, we believe, of fear in some 
systems. This is not saying that Hendersonville has this

- 6 2 -
system or situation. Those teachers who feel that they



228a

have been unjustly treated enough often serve as plaintiffs. 
It doesn’t matter how many as long as any teacher is in­
fringed upon.

Q. You don’t have an independent recollection of it, do 
you? A. No, I do not.

Court: Any additional questions?
Mr. Harrell: No, sir.

* * * # *
Court: Call your next witness.

Mrs. Grace Chambers—for Plaintiffs—Direct

M bs. Grace Chambers, having first been duly sworn, was 
examined and testified as fo llow s:

Direct Examination by Mr. Pearson-.

Q. Your name, address and give us your academic back­
ground. A. My name is Grace Chambers; address, 822 
Seventh Avenue, West, Hendersonville, North Carolina. 
I have a Bachelors of Arts Degree from Livingstone Col­
lege ; I have done graduate study at North Carolina Agri­
cultural and Technical College and at the University of 
Missouri.

Q. Were you formerly employed by the Hendersonville 
City Schools? A. I was.

Q. Are you working for them now? A. I am now em­
ployed by Pender County.

Q. You do have a job? A. Yes, sir.
—63—

Q. Where is your job? A. Burgaw.
Q. There has been some reference here to a financial dis­

pute between, I take it, a client of Mr. Prince and your­



229a

self. Did you have any kind of a dispute or disagreement 
with a concern in Alabama? A. Yes.

Q. Is this one of the concerns that circularize among 
teachers to loan them money during the summer 1 A. That 
is true.

Q. Was that dispute between you and this company 
whether or not the rate they were charging was correct? 
A. No, not directly. This company swindled me out of 
money over a period of years going back to 1959 and, well, 
I finally came along with their demands and paid them.

Q. They were represented by Mr. Prince. Were you 
represented by an attorney? A. No, Mr. Prince repre­
sented the company against me.

Q. But the bill has been paid? A. Yes, it’s paid.
Q. Now, during your last year’s employment with the 

Hendersonville schools, did you have a meeting before the 
close of school? A. Yes, we did. Mr. Randall came and 
talked with us.

—64—
Q. Was it a faculty meeting? A. Yes, it was.
Q. Was the Superintendent there? A. Yes, he was.
Q. Did he make a statement to you? A. Yes, he did.
Q. Tell the Court what statement he made. A. Well, 

Mr. Randall expressed regret to us that he did not have 
contracts for all of the teachers and he explained to us 
that this was caused by the allotment of teachers was not 
great enough to take in all of the teachers at Ninth Ave­
nue High School. He did tell us that he had contracts for 
some teachers and that on the following day that he would 
send for those teachers for whom he had contracts, and 
he said the jobs were not necessarily teaching assignments 
but that they were jobs that they would be very happy on 
and he said that he had thought through very carefully on

Mrs. Grace Chambers—for Plaintiffs—Direct



230a

Mrs. Mary Ann White—for Plaintiffs—Direct

our applications and he said that he and he alone knew 
the teachers that were to receive assignments, and that 
he had not been influenced by recommendations. He said 
he had not been influenced by high scores on National 
Teacher Examinations but that he had made these deci­
sions as best he could.

Mr. Pearson: Your witness.
Mr. Prince: No questions.
Court: Thank you, M’am, you may step down.

—65—
Mrs. M ary A n n  W hite , having first been duly sworn, 

was examined and testified as follow s:

Direct Examination by Mr. Pearson:

Q. Give us your name, address and scholastic back­
ground, please. A. My name is Mrs. Mary Ann White and 
I live at 822 Seventh Avenue West. I graduated from the 
Livingstone College with a BA Degree in Elementary Ed­
ucation and a Primary Grade A Certificate.

Q. What kind of a certificate do you have? A. Primary 
Certificate.

Q. Was it probationary? A. Yes, it was probationary.
Q. Did you ever inquire of the State Department at 

Raleigh whether or not the fact that you were teaching 
with this certificate that the accreditation of the school 
would be jeopardized? A. Yes, I did.

Q. What did the State Department tell you—or first, 
did you find out whether or not it would be jeopardized? 
A. Yes, I did.

Q. What did the State Department tell you?



231a

Doris Y. Greene—for Plaintiffs—Direct 

Mr. Prince: Objection.

Q. What did the State Department relate to you?
— 66-

Court: Objection sustained tentatively but go
ahead and answer it for the record.

A. It said that the probationary certificate that I had is 
the same as a five year A Certificate and that this proba­
tionary A Certificate will in no way jeopardize the ac­
creditation of any school.

Q. All right. This came by letter? A. Yes, it did.
Q. What did you do with the letter? A. I think this 

letter—
Q. Did you give the letter to Mr. Chambers? A. Yes, 

I did.

Mr. Pearson: Mr. Chambers is not here and may 
it please the Court, we’d like to reserve the right, 
if counsel will agree, for that letter to go into the 
record, when it’s available.

Mr. Prince: Yes, sir.
Court: Let the letter come in by consent.
Mr. Pearson: That’s all.
Mr. Prince: No questions.

#  #  *  * *

D oris Y. Greene, having first been duly sworn, was ex­
amined and testified as follow s:

Direct Examination By Mr. Pearson:
—67—

Q. Give us your name, address and scholastic back­
ground, please. A. My name is Doris Yvonne Greene, I



232a

live at 618 'Whittier Street, Hendersonville. I graduated 
from Winston-Salem State College in Winston-Salem, 
North Carolina. I have a BS Degree in Elementary Educa­
tion and I have a North Carolina Class A Probationary 
Certificate.

Q. Your contract was not renewed by the Henderson­
ville Board of Education, was it? A. No, it wasn’t.

Q. Since that time did you submit your credentials to 
the State of Maryland seeking a job? A. Yes, I did.

Q. State whether or not you were successful in getting 
that job. A. I was.

Q. What does the job pay? A. $5,100.00.
Q. At the close of the school year, last year, did the 

Superintendent have a meeting at which you were present 
and all the rest of the professional staff? A. Yes, he did.

Q. Were the white and Negro teachers there? A. Negro 
teachers.

Q. Will you summarize and tell us what the Superin­
tendent said to you that day? A. He came over and he

— 68—

told us that he was sorry that he didn’t have contracts 
for everyone but he did have contracts for some of the 
teachers and on the following day he would call them down 
to his office and talk to them individually concerning the 
assignment that he had for them. And he stated that he 
wasn’t influenced by the references given to him from the 
principals nor the National Teachers Examination nor 
seniority, that he himself chose the teachers for the posi­
tions.

Q. Was any reference made to retaining some teachers 
and putting them in happy jobs? A. Well, he stated that 
the jobs that he had weren’t necessarily teaching jobs but 
they were jobs with less work and the same salary and

Doris Y. Greene—for Plaintiffs—Direct



233a

that they were jobs that he thought would make the people 
happy.

Doris 7. Greene—for Plaintiffs—Direct

Mr. Pearson: Your witness.
Mr. Prince: No questions.
Court: I have a happy job. At least I ’m very 

happy with it, and tenure, too.
# * * # #

Mr. Zarr: The plaintiffs rest, Your Honor.
Mr. Prince: That’s the case for the defendant.
Court: Gentlemen, in the Morganton case I ’m 

going to do almost all the work myself and because 
of that largely I ’m going to do this one differently.

—69—
My memory is not great ever and I may get them 
mixed up. I ’m going to need your help on this one. 
I will let you decide the time schedule, if you agree 
on it, but I want the plaintiffs’ lawyers to tender 
proposed findings of fact, with copy to counsel for 
defendant School Board. Then after some short 
lapse of time, the School Board counsel will either 
agree with the proposed facts or some portions, I 
hope—it helps me the more you can agree to— 
and propose counter findings of fact or additional 
findings and object to what you wish to object to 
and we’ll handle it that way.

Mr. Prince: If the Court please, ordinarily that 
would suit us but we’re in this position, our plan, 
whatever it takes to get the money from the Federal 
Government, is being held up pending the decision 
of this Court. If we can’t have it clear, we will 
have to suspend all of those functions, which would 
mean discharging nine teachers, eight white and one



234a

Colloquy

colored teacher, by the first of September, just not 
put them to work.

Court: I didn’t have in mind treating it with slow­
ness that sometimes occurs.

Mr. Prince: The slowness is in Washington.
Court: I mean this case. I should think that you 

could propose findings of fact rather quickly, 
couldn’t you, even without a transcript, from your 
notes I notice several of you were taking notes and 
you’re familiar with the case, you know what you

—70—
proved.

Mr. Zarr: All we need is a secretary, Your Honor, 
we could do it this afternoon.

Court: That’s what I mean, I think you can do 
it quickly. We’ll adjourn now and talk with each 
other and see if you can’t agree on all maximum 
speed in preparation of the findings of fact. At 
the same time, if you want to, exchange briefs, but 
my thought was that you would perhaps have it 
ready for me next Thursday. I couldn’t do it any 
quicker myself than that. I ’ve got a court in Char­
lotte next week and I wouldn’t get back to work on 
this until next Thursday.

Mr. Prince: Does the law require you to find the 
facts ?

Court: Yes, I have to find the facts, so I simply 
need your assistance to help me accomplish that. 
We have done everything except hear oral argu­
ment. You may, of course, waive oral argument 
and submit it on briefs. I have heard your conten­
tions in the other case. It’s similar as far as what 
the law is, or ask the Clerk to set it down for oral 
argument a week after next. I ’ll be here in Ashe-



235a

Colloquy

ville a week after next or I ’ll be in Charlotte next 
week. Or I ’ll hear you right now if yon want to be 
heard briefly.

Mr. Zarr: Your Honor, the plaintiffs can, by next 
week, submit proposed findings of fact and brief.

—71—
Mr. Prince: Once I appeared in a ease represent­

ing, I believe, the County Board of Elections in 
Polk County and we took the case as to who was 
entitled to nomination to the Supreme Court and 
we took it up there on appeal and the Supreme Court 
announced the decision against us and never wrote 
it. I was wondering if maybe enough of a decision 
could be made to satisfy that agency in Washington. 
That’s my concern about it.

Court: There isn’t any decision in Federal Court 
until the judgment is entered. I might announce the 
decision right now and change my mind tomorrow. 
I have done it once, not in a Civil Eights case.

Mr. Prince: I just wanted to exhaust the possi­
bility.

Court: The Federal Eules make the finding of 
facts mandatory. I have no choice about that. I 
have to find facts. So I suggest that you talk with 
each other and set a time schedule and, as far as 
I ’m concerned, the quicker the better. If I can help 
you with the time schedule, come back and talk to 
me about it. One other thing, we’ve mentioned oral 
arguments. I take it you waive oral arguments and 
will submit it on briefs.

Mr. Zarr: Yes, sir.
Mr. Prince: Yes, sir.
Court: Adjourn court.



236a

Transcript of Proceedings August 18, 1965
—125—

*  # # # *

E lliot B. Palmer, a witness for the plaintiffs, having 
first been duly sworn, was examined and testified as fol­
lows :

Direct Examination by Mr. Harrell:

Q. State your name and educational qualifications. A. 
Elliot B. Palmer. I am a graduate of the North Carolina 
College at Durham with a BA Degree in Social Science; a 
Masters Degree from the same institution in Administra­
tive Education, with further courses of study at Duke Uni­
versity.

Q. Mr. Palmer, I believe you are President of the North 
Carolina Teachers Association? A. No, I am the Execu-

—126—
tive Secretary.

Mr. Erwin: Your Honor, I assume his testimony 
will be admitted subject to the ruling on our motion 
to dismiss his association as a party plaintiff on 
the ground of no standing.

Court: Yes, sir.

Q. Will you explain to the Court the type of organization 
the North Carolina Teacher’s Association is? A. The 
North Carolina Teachers Association is a professional 
group of which the teachers of the State are members, 
those who affiliate themselves voluntarily. We have a 
three division setup, the local unit association in which 
the teachers work, and the state organization to which all 
the locals in the state belong, and we all in turn belong 
to the National Education Association.



237a

Court: Is there a so-called white association? 1 
mean up until now, of course, or even now is there 
one white association and one Negro association,

A. Yes. The North Carolina Education Association is 
white.

Elliot B. Palmer—for Plaintiffs—Direct

Court: Nobody started integrating those yet?

A. Not yet.

Court: Understand, I don’t want the lawsuit.

Q. Mr. Palmer, in what area has the Teachers Associa­
tion served local teachers during this period of displace­
ment? A. The North Carolina Teachers Association has 
received complaints from the members on the local level,

—127—
referred these complaints to various groups, the N.E.A. 
and other groups, to assist us with the problem. We have 
called upon the State Department of Education through 
Supt. Carrol’s office to assist us in preventing the displace­
ment of Negro teachers due to the integration of the 
schools. Following that, we have served also as a replace­
ment or relocation center and counselling center.

Q. Now, in this capacity have you received any commu­
nication from the teachers out of the Morganton City School 
situation ?

Mr. Erwin: Objection.
Court: Overruled.

A. Yes, we have received communications from eleven 
teachers in the Morganton unit.



238a

Q. As a result of these complaints has your organization 
made any contact with the School Board? A. Through 
Attorney Chambers we have.

Q. Now, in your contact with the School Board, have 
you attempted to work out any program or establish any 
means of trying to work out this problem?

Mr. Erwin: Objection.
Court: Well, this has no real relevance to the 

lawsuit, has it? I ’m always in favor of settlement 
of controversy and we talked about it this morning, 
in chambers, of course.

— 128—

Mr. Harrell: If Your Honor please, it is our con­
tention that the Teachers Association has been one 
of the prime organizations who has worked for these 
teachers in this period of transition and we think 
it’s relevant, the fact that they have made these 
contacts and what approach they have used in try­
ing to alleviate the problem.

Court: Well, if we should again discuss settle­
ment, I would be glad to have Mr. Palmer’s assist­
ance and let him participate if he would be willing 
to do so, but if we’re going to try the lawsuit, we’re 
just going to try the lawsuit. I don’t believe former 
negotiations would have much to do with it.

Q. Mr. Palmer, would you explain for the Court and 
for the record what a Class A Certificate means and what 
a Probationary Certificate means? A. The Class A Cer­
tificate is a certificate which is granted to a person who 
has met all of the State requirements for the position or 
the area in which they are to instruct. A Probationary

Elliot B. Palmer—for Plaintiffs—Direct



239a

Certificate is one which is granted to a person under con­
ditions which are to be satisfied in a limited time.

Q. Now, what is the relationship between a Probation­
ary Certificate and a school accreditation by the Southern 
Association! A. The Southern Association recommends 
highly that teachers be qualified in the area in which they

—1 2 9 -
are to instruct. Class A Certificate persons meet this 
standard. Probationary Certificate persons may not yet 
qualify yet for a regular certificate, thereby not serving 
the requirements by the Southern Association. However, 
the Southern Association may grant approval under the 
condition that the person is satisfying the probationary 
requirement or working to it.

Court: Are there only two kinds of certificates, 
A and Probationary?

A. No. There are Class B Certificates which mean that a 
person has finished the college requirement but may not 
have done something like student teaching. Then the 
Emergency Certificate, which we have had in existence in 
North Carolina for quite a while, which is granted to a 
person who may come here from another state, not having 
met North Carolina standards but who have to meet the 
requirements. Then there is a Graduate Certificate—A G 
Certificate, as it has been referred to—for a Masters De­
gree in the area. And, of course, there is the Doctorial 
Degree.

Elliot B. Palmer—for Plaintiffs—Direct

Mr. Harrell: Your witness.



240a

Cross Examination by Mr. Starnes:

Q. How old are you, Mr. Palmer? A. 32.
Q. When did you receive your MA Degree? A. In 1963.

—130—
Q. When did you receive your BA? A. In 1954.
Q. Have you ever taught school? A. Yes. I have taught 

7th, 8th, 11th and 12th grades.
Q. Any specific subjects? A. I taught the 7th and 8th 

grades the Social Studies and in the 11th and 12th grades 
Government and Sociology.

Q. Have you ever held any administrative positions in 
a school system? A. Yes, I was principal of an elementary 
school for four years.

Q. You were responsible in that position, were you not, 
for recommending to the superintendent the hiring or dis­
charge of teachers, the evaluating of teachers, were you 
not? A. I was responsible for giving an opinion of the 
teachers’ performance. Evaluation is something that’s 
another subject. I was in a county system and I had to 
recommend to the School Committee which, in turn, recom­
mended to the superintendent and he recommended to the 
Board.

Q. Well, you had to evaluate them in your own mind to 
form an opinion and follow with recommendations, did 
you not. A. In education we stay away from the word 
evaluate.

Elliot B. Palmer—for Plaintiffs—Cross

Court: I think I missed something too good. What 
did I miss.

Mr. Starnes: It seems that the word evaluate is
— 131—

not a good word to use.



241a

Court: Oh, I see. Perhaps I ought to know why. 
Do I need to?

A. It’s unexplainable in education. But really evaluate is 
something you have to have criteria for and to my knowl­
edge criteria for evaluation has not been standardized 
enough.

Court: Well, now, we have no yardstick upon 
which to measure human beings, we all know that. 
Is that part of the difficulty?

A. This is part of it.
Q. Mr. Palmer, are you still in the field of education or 

are you limiting yourself to this position as Executive 
Secretary of the North Carolina Teachers Association? 
A. This position is what I am presently employed at but 
it covers a total scope of education from kindergarten 
through higher education, so I am still in education very 
much.

Q. You are now a fulltime employee of the association, 
is that correct? A. Yes, sir.

Q. Getting back to your experience as a principal, Mr. 
Palmer, and your formation of your opinions and render­
ing of recommendations to your School Board, I would 
like to ask you, sir, what factors you considered in making 
up your mind about teachers. A. A teacher’s performance

- 1 3 2 -
in the classroom first, her qualifications such as her back­
ground of educational experiences and the kinds of ex­
posures she projected herself into during the year in ser­
vice training programs, workshops, things of that nature, 
and attitude toward the children, toward the community 
and toward the profession. It was difficult to include the

Elliot B. Palmer—for Plaintiffs—Cross



242a

National Teachers Examination because in North Caro­
lina only beginning teachers and teachers who are chang­
ing certificates have to take the National Teachers Exam­
ination. The others who are employed do not.

Q. That is not yet very widespread in the State of North 
Carolina? A. That’s true.

Q. And if I recall correctly, the last Legislature for the 
first time made that information available to the admin­
istrative unit so they could actually know what a teacher 
made on the National Teachers Examination. A. Yes.

Q. Have you been in the courtroom all day? A. Yes, I 
have.

Q. Do you recall my asking Mr. Parham a series of 
questions concerning matters that might be considered in 
determining the qualification of a teacher? A. Yes, sir.

Q. Do you recall my asking him a single thing by way 
of a factor or qualification or otherwise and any answer 
given by him with which you disagree? A. I can’t say I

—1 3 3 -
recall his answers in completion.

Court: Let me refresh your memory. I think Mr. 
Starnes is referring to the many ingredients he sug­
gested to General Parham might have been consid­
ered and the General’s answer was limited to yes, 
as I recall. He just said these 10, 12, 15 criteria or 
ingredients are proper factors and should be con­
sidered.

A. If I recall his list of things, I agree with most of them 
but he used the National Teachers Examination score and 
I don’t think that’s satisfactory.

Elliot B. Palmer—for Plaintiffs-—Cross



243a

Q. I disagree with you, Mr. Palmer. I believe the record 
will show that wTasn’t mentioned. Mr. Parham, I am ad­
vised, does not know what any teacher has made on the 
examination except the one gentleman who failed to score 
highly enough on it to get his Masters Certificate. I want 
you to advise me as to whether you agree that these are 
possible factors that should be considered—

Court: Very briefly, please.

Q. Personality, character, disposition, industry, adapt­
ability, competence in the classroom, professional attitude, 
working up to full capacity, preparation, language factors 
and communication patterns, cultural background, ability 
to accept responsibility, initiative, acceptance of authority,

- 1 3 4 -

loyalty to the school system. Is there any one of those 
that you think should not be considered? A. No.

Q. Are there others that you would consider or suggest 
should be considered? A. There are perhaps others that 
could be added but they would not do anything but detail 
the smaller group.

Q. It would just be a sub-division of these general areas? 
A. Yes.

Q. The only manner in which you are acquainted with 
the situation in the Morganton schools is by correspond­
ence and communication with teachers who have found 
themselves displaced, is that correct? A. Yes, plus w-e 
have had talks at meetings.

Q. So you have really no personal knowledge of the com­
parative qualifications of the teachers who have been dis­
placed and those who have been hired in the system? A.

Elliot B. Palmer—for Plaintiffs—Cross



244a

Not by sight. I have had this information available to me 
but I have not requested it of the Board.

Q. So far as you actually know by objective evidence, 
Mr. Palmer, you cannot, can you, say that any one of 
these persons has been discriminated against because of 
his race, color or national origin? A. Except for instances 
such as when the position for Home Economics teacher was 
closed out at the Negro school, it was knowledge then in

—135—
the community that the white teacher would be getting 
married and leaving so this position would be available.

Q. How do you know there was such knowledge within 
the community? A. These are just community conversa­
tions. This is not documented.

Q. So you don’t know? A. Not officially.

Court: My memory of the evidence is that’s cor­
rect, was it not? The white teacher did get married 
and leave?

Mr. Starnes: She did after she had been hired.

Q. So you still can’t point to any objective basis for 
racial discrimination, can you? A. The other basis is that 
this new change of personnel only came as a result of com­
pliance with Title 6 in that the action—23 years in the 
case of the other lady—had never existed but now we 
have need to displace Negro teachers in compliance with 
Title 6 in order to integrate the system.

Q. So you’re saying that this particular individual, Mrs. 
Hudgens, was discriminated against because she was not 
rehired on the basis of tenure, is that right? A. No, on 
the basis that the student population still existed in the 
community but because of the shift from a Negro school

Elliot B. Palmer—for Plaintiffs—Cross



245a

Elliot B. Palmer—for Plaintiffs—Cross

— 136—

to a white school they did not need the additional teachers 
anymore.

Q. Do you know that to be a fact? A. This is when it 
occurred.

Q. Do you know that to be a fact? A. Yes, the shift 
occurred in compliance.

Q. Do you know that Mrs. Hudgens or any of the other 
people were not hired for the 1965-66 school year solely 
on account of racial discrimination, do you know that? A. 
If you mean do I have a statement from the Board of 
Education, I do not.

Q. Do you, as a person and an individual and supposedly 
an expert in the field of education, know that to be a fact? 
A. I am only saying—

Q. Answer the question.

Court: Let him go ahead and answer in his own 
way.

A. When persons already in service are released for change 
in program, the change being the sending of students to a 
different facility, then these persons are relieved and 
replaced, common sense dictates the answer.

Q. And what is the answer? A. To my knowledge, dis­
crimination on the basis of race.

Q. On what do you base that? A. Negro teachers were 
displaced and white teachers were hired.

Q. Are you familiar with the teachers who have been 
hired? A. No, I am not.

— 137—

Q. Do you know their qualifications? A. No, I don’t.
Q. You haven’t the slightest idea whether they are higher



246a

qualified than the teachers who were not hired, do you! 
A. It raises only one question as to why these qualifica­
tions have not be challenged before.

Court: What do you mean by that, before!

A. These persons, who have been in service all these years, 
have been given meritorious expressions—

Court: Is not the answer to that that we had a 
racially segregated system?

A. True, now we have integration.

Court: We all know the answer why it was before, 
because of the racially segregated schools.

Q. I am going to ask you again, Mr. Palmer, are you 
acquainted with or do you know anything at all about the 
qualifications of the teachers who have been hired by the 
Morganton City School System? A. No. If that quali­
fication is known, the attorneys would know that,

Q. You do not have any knowledge whatsoever concern­
ing the qualifications. A. Not having seen it, no.

Q. Then you have no way of formulating an opinion 
other than by guesswork that the teachers who have not

—138—
been hired were not hired because of race, do you? A. I 
think I answered that already.

Q. But you don’t know. A. I have not read the quali­
fications of any of the teachers involved.

Q. You do not know, do you, sir, whether the teachers 
who were hired were or were not better qualified than the

Elliot B. Palmer—for Plaintiffs—Cross



247a

teachers who were not hired? A. I have not been able to 
compare either one.

Q. So you don’t know? A. The answer is no.

Mr. Harrell: Objection.
Court: Overruled.

Q. So again, your determination or conclusion that there 
has been racial discrimination practice is simply guess­
work and surmise. A. I think I have answered that.

Q. Well, isn’t it? A. I can’t change my answer on that. 
The obvious exists.

Q. Guesswork and surmising.

Mr. Pearson: I object. He asked this witness 
whether or not this witness in his own opinion felt 
there was discrimination in the placement of teach­
ers and he answered. Now he is arguing with him 
and I object. He is bound by the answer.

—139—
Mr. Starnes: He has not answered the question.
Court: Objection overruled. He asked you if you 

think it’s guesswork. Do you think it is or not?

A. No, it’s not guesswork.

Court: Let me ask you one question and then 
we’ll take a brief recess. Is this a fair statement, 
that until this year Olive Hill teachers at the Negro 
school, racially segregated school, did not compete 
for jobs with white teachers and that now they do. 
Do you think that’s a fair statement or not?

Elliot B. Palmer—for Plaintiffs—Cross



248a

A. Fair to the extent that job openings coming up will be 
on a competitive basis, yes, that the past dual system did 
not make itself inducive to competition between white and 
Negro teachers but competition between teachers has al­
ways existed.

Court: And now with an integrated system there 
will inherently be the competition!

A. Yes, it will come.

Court: We’ll take about a 10 minute recess.

S hobt  E ecess

Q. Mr. Palmer, I ’m going to get back to that dirty word 
evaluation. I think your previous answer has been to the 
effect that complete evaluation is an impossibility, is that 
not true? A. Complete I would think so personally.

—140—
Q. But so far as evaluation is possible, would you not, 

taking into consideration your education and background 
in the field of education and school administration, would 
you not say that evaluation in so far as it is possible can 
be based only upon the human experience, intelligence, 
education and acquired knowledge and ability of the per­
son attempting to make that evaluation? A. I would say 
that the experience of a person is one of the heaviest 
weighing factors in making such judgments as an admin­
istrator has to make about teachers. The experience of a 
person should establish more competency. This is some­
thing that the beginning teacher can’t be pitted against 
the experienced teacher on. Every teacher has to grow in 
experience.

Elliot B. Palmer—for Plaintiffs—Cross



249a

Q. You say you think that actual experience of a person 
making the evaluation is the most important factor? A. 
I believe it is a great factor, yes.

Q. Then would you not say, Mr. Palmer, that Mr. Par­
ham’s extended tenure and experience in the field of school 
administration qualifies him very highly to attempt to 
evaluate his teachers and prospective teachers? A. I do 
not know Mr. Parham personally but I would expect that 
his years of service he should be able to make a fair eval­
uation or judgment about his teachers.

Court: I don’t share your knowledge with coun­
sel of this sort of a joke about evaluation being a

- M i -
dirty word. To whom is it a dirty word? I think 
this might be pertinent because that’s what I ’ve got 
to do, to evaluate.

Mr. Starnes: Your Honor, I think it’s probably 
not pertinent to this particular lawsuit. By my 
wife’s having been a school teacher and involved 
in educational systems, she has advised me and edu­
cated me to the effect that it is not a very pleasant 
word to be used in school systems.

Court: With respect to individual personnel?
Mr. Starnes: I think probably one of the best 

examples why it is not a popular word with school 
administrators—and I’m testifying now—would be 
a view of the merit system which was introduced 
on an experimental basis in the North Carolina 
Public Schools, one of the systems being the Gas­
tonia system, and I think the administrators found 
they were completely floundering because it is vir­
tually impossible to set up any objective standards

Elliot B. Palmer—for Plaintiffs—-Cross



250a

by which to truly and finally evaluate a school 
teacher. There are just too many intengible factors.

Court: Is that what you have in mind, Mr. Palm­
er? Do you agree with Mr. Starnes?

A. I do.
—142—

Court: Well, therefore, among school people the 
very word is really questionable?

A. This is true.
Q. Mr. Palmer, you are, I take it, familiar with and 

aware of the change that has been made in the school 
system in Morganton? A. Yes, sir.

Q. And that a previous segregated or partially segre­
gated high school system has now been converted into a 
totally desegregated high school system? A. Among the 
students.

Q. You are also aware, I am sure, that this desegrega­
tion of the student body resulted in a diminution of the 
teacher allotments in the high school system? A. I was 
under the impression that most of the same quota that 
was in existence last year is in existence this year but 
that the Negro personnel has been reduced.

Q. Do you not acknowledge that that is simply your 
interpretation of the situation? A. Yes.

Q. Looking at it overall, without regard to race, color 
or national origin, the end result has been a diminution 
and reduction of the teacher allotment? A. Yes.

Q. Thereby—and I am coming back to His Honor’s
—143—-

analysis—thereby placing all of the high school teachers 
who are teaching at the end of the 1964-65 school year in 
competition with each other for these various positions?

E lliot B. Palm er— fo r  Plaintiffs— Cross



251a

A. I think I answered the previous question a little hasty. 
This word allotment, if 1 knew the allotment in Morganton 
this year as over last year I could answer your question.

Q. I don’t recall the exact number but I recall Mr. Par­
ham testifying to a reduction of 8.

Court: Mr. Parham, Pll ask you. You’ve got 
eight fewer teachers in 1965 than you had in 1964 
in the whole system, eight teachers less?

Mr. Parham: That’s right. We were allotted 
seven less state allotted teachers and one less voca­
tion teacher than last year.

Court: So there are eight fewer places than last 
year. I thought that’s what you said. Thank you.

Mr. Starnes: Are these eight in the high school 
system?

Mr. Parham: Yes.
Q. So you realize, do you not, Mr. Palmer, that this 

necessarily placed all of last years high school teachers 
in competition with each other for the positions which 
would be available for this coming year? A. I think this 
is similar to the question His Honor asked and I’d like to 
answer that by saying that competition among experienced

—1 4 4 -
teachers is not in existence but competition among begin­
ning teachers seems to be in existence. You have pitted 
the experienced teachers in competition with the new 
teachers that have been hired, not the other experienced 
teachers in service.

Q. Do you not recall, for example, Mrs. Fleming, placed 
in competition with some of her own brethren as well as 
other teachers and she was hired, and that Mr. McIntosh 
was also in the race and that he was hired, do you recall 
that? A. Yes.

E lliot B . Palm er— fo r  Plaintiffs— Cross



252a

Q, Do you not recall also in several instances the ex­
perienced teacher was in fact hired only later to resign 
for some particular reason and that in each case the teacher 
who is a plaintiff or who was displaced was positively con­
sidered for the position? A, It was stated here today.

Q. Do you, of your own knowledge, know whether or 
not each of these plaintiffs was or was not considered? 
A. Nothing more than these persons knew about their dis­
missal before other persons were considered for the em­
ployment.

Q. So then you don’t know whether these named plain­
tiffs and other displaced personnel were considered or not? 
A. Not unless these other persons were considered before 
or during the time these persons were notified of their 
dismissal. To my knowledge they got notification before

■—1 4 5 -
others had been considered. To my knowledge I do not 
know.

Q. You have been in educational work for how many 
years? A. The last nine, going on ten years.

Q. Almost ten years and you state you are now interested 
in educational work from kindergarten all the way to high 
school? A. Yes.

Q. And you know, do you not, Mr. Palmer, that the best 
thing that can happen to any educational program is to 
have the best possible teachers available in that educational 
program? A. True.

Q. And you, as an educator and a person interested in 
the education of this state, wouldn’t deny that? A. I 
wouldn’t deny that, no.

Q. And don’t you know, Mr. Palmer, that a competent 
and experienced school superintendent or supervisor would, 
in the best interest of his school system, endeavor to hire 
the best teachers? A. I would hope so.

E lliot B. Palm er— fo r  Plaintiffs— Cross



253a

Q. Do you know, Mr. Palmer, whether or not the ones 
who have been hired in the Morganton City School System 
are the best, whether they are mediocre or whether they 
are just plain poor? A. No, I do not.

Q. So far as you know, the teachers, both the new ones 
and the ones who have previous experience in teaching,

—146—
that have been hired in the Morganton City School System 
are the best available, so far as you know? A. I do not 
know that.

Q. But so far as you know? A. I answered the ques­
tion the other way. I do not know that. I can’t turn it 
around.

Q. Is it not a fact that the premise of this lawsuit is 
based upon this assumption, that racial discrimination was 
practiced against these plaintiffs and others in like position 
solely because they were not hired for the coming school 
year? A. I base it on my original statement that this 
came about only after the integration of schools and ex­
perienced in-service persons were displaced and new people 
added.

Q. But you can’t say that the new people are not better 
and better qualified than the ones who have been displaced? 
A. I do not know that.

Q. You don’t know it? A. No, I do not.
Q. And so far as you know there is not a single plaintiff 

named in this case that knows that? A. I don’t know 
that, either.

Q. So you cannot, by any stretch of the imagination, 
say that the new personnel are not better as teachers than

—147—
the displaced personnel? A. I can’t say that. That would 
have to be determined here.

E lliot B . Palm er— fo r  Plaintiffs— Cross



254a

Elliot B. Palmer—for Plaintiffs—Redirect 

Mr. Starnes: You may examine him.

Redirect Examination by Mr. Harrell:

Q. Mr. Palmer, he brought out the fact that one time 
you were a principal. Now, as a principal of a school, in 
recommending reemployment or hiring of new teachers, 
what part did the experience of teachers play? A. The 
experience plays a very high role. The experience of a 
person helps to determine the competency of this person. 
As I said to the other attorney, the inexperienced teacher 
has to be trained and experienced. A beginning teacher, 
though coming with high recommendation, you have no 
assurance you are going to have a competent teacher. The 
experienced teacher grows in service. This can’t be re­
placed with new possibilities and promises.

Q. Now, His Honor brought out that now that the sys­
tems are integrated that now for the first time Negro 
teachers are competing against white teachers. Now, with 
your relationship as a teacher organization to Negro 
teachers in North Carolina and particularly in the City of 
Morganton, what factor in terms of competition have you 
been able to discover? A. The competition usually is 
not between the experienced teachers, Negro and white 
teachers. It is usually between replacing teachers of white 
and Negro, and in many instances these are beginning

- 1 4 8 -
teachers that are pitted against the more experienced 
teachers.

Q. One other question. Now, with a high school Class 
A Certificate, what grades can the teacher teach in a 
school system and still be within the accredited rating? 
A. Let me complete the other answer, please, before I go 
on to that one. This experience bit you asked me about,



255a

the experienced teacher also has an income catagory on 
which her experience determines her salary and we are 
also meeting a lot of beginning white teachers replacing 
experienced Negro teachers so that they will not have to 
be paid so much. All teachers are not state allotted, you 
have a lot of locally allotted teachers. Now, what was the 
other question again?

Q. For instance, suppose a teacher has a high school 
Certificate, Class A, what grades in a school system could 
she teach and still not effect the school accreditation? A. 
A teacher with an Elementary Certificate can teach grades 
1 through 6, possibly 7. A teacher with a high school cer­
tificate can teach grades 7 through 12 without being effected 
by salary. Of course, a Primary Certificate limits you to 
the first three grades and a Grammar Certificate to the 
upper 4th, 5th and 6th grades.

Mr. Harrell: If Your Honor please, we are in the 
process of preparing some documentary evidence on 
teachers salaries based on experience and teacher

—1 4 9 -
qualifications in terms of experience and we will 
present it to him.

Mr. Starnes: Your Honor, I can’t perceive the 
relevancy of anything having to do with salaries.

Court: Objection overruled.
Mr. Harrell: We have no further questions.

Recross Examination by Mr. Starnes:

Q. A couple of other questions, please, Mr. Palmer. As 
an experienced man in the field of education, do you feel 
that a teacher should be rehired simply because of her 
experience? A. In any field, including education, I feel

E lliot B. Palm er— fo r  P laintiffs— R ecross



256a

that a person who has dedicated their lives to the service 
in which they are now engaged ought to be given first 
consideration.

Q. Regardless of whether they are as good as somebody 
else might be? A. You can always find somebody better 
than yourself.

Q. And you should ignore the fact you can always find 
somebody better and go on experience, is that what you’re 
saying? A. I believe in tenure completely.

Q. There is no such thing as tenure in the public school 
system in the State of North Carolina, is there? A. Not 
yet. There has been. Many states do have it.

Q. North Carolina does not? A. No.
— 150—

Q. And a hundred years experience would not necessarily 
make an individual a better teacher than a person who had 
had one year or zero years experience? A. With good 
selection in the selection of new teachers, that ought to 
make a great deal of difference.

Q. You didn’t answer the question. That great multitude 
of experience would not necessarily make an experienced 
person the better teacher, would it? A. Would not but it 
should.

Q. But it would not. A. But it should.
Q. Why should it? A. Experience helps you to grow. 

Take the beginning teacher that you say is good, give her 
experience and you should have a better teacher.

Q. Should have? A. Yes, sir.
Q. Should have but it’s not necessarily so, is it? A. It 

may not be true in all cases.

Court: All right, any further questions? Thank 
you, sir, you may step down.

E lliot B. Palm er— fo r  Plaintiffs— R ecross

#



257a

Transcript of September 22, 1965

This cause coming on for further hearing on September 
22, 1965, at Asheville, North Carolina, before the Honor­
able J. Braxton Craven, Jr., Judge, sitting without a jury, 
the following proceedings, were had, to wit:

Court: All right, resuming Chambers against Hender­
sonville City Board of Education. First let me thank Mr. 
Prince most sincerely for the very complete reply to my 
letter which represents a tremendous amount of work. I 
am grateful to have it. Is there any objection to the form 
of it? May it be received in evidence on the affidavit of 
Mr. Prince as filed?

Mr. Chambers: Your Honor, some of the information 
attached to it, perhaps when we have completed examina­
tion of the principals and the Superintendent we might 
not have objection. At present we might would. That’s 
the evaluation by Mr. Anderson of the teachers.

Court: I ’m not talking about whether it’s true or not, 
that’s a question of argument, but wouldn’t it come in 
competently as a business record of the School Board?— 
subject, of course, to impeachment. It may be you contend 
some entries are not true.

Mr. Chambers: May we reserve that until we have a 
chance to examine some of the witnesses? We might not 
have any objection. We have the information furnished

—3—
about the preparation by Mr. Anderson. We wanted to 
check on the principals.

Court: Unless you do decide to waive objection to it, I 
think it would be necessary for the School Board to offer 
a witness to testify as to the way and manner in which it 
was made up, the source of the copies, whether or not

—2—



258a

they qame from the original records. I will leave that 
entirely to you.

Mr. Prince: Your Honor, there is one correction to be 
made in the first attachment after the copy of the letter 
from the Judge. About 6 or 8 pages down, it’s just above 
the first long sheets, the second sheet above the first long 
sheet.

Court: Exhibit 1?
Mr. Prince: Yes, sir, and the word in the 4th paragraph, 

Roberts did not desire to be employed in a segregated 
school, that word should be integrated.

Court: Resume of Negro teachers?
Mr. Prince: Yes, sir.
Court: And it’s the last page of that, fourth paragraph.
Mr. Prince: The word segregated should be integrated. 

With reference to identifying and authenticating the list, 
I prepared most of it myself from the Court files but the 
files were maintained under the supervision—

— 4—
Court: I think that what you’re saying now had best be 

taken as sworn testimony unless they waive the objection. 
Let’s wait and see what they do. For the present let the 
record show that the Court will receive the School Board’s 
reply to the Court’s letter in evidence unless plaintiffs re­
new their objection and state the grounds for the objection.

All right, now, what I want to do, gentlemen, as best I 
can, is sort of get down to brass tacks and I think it would 
help you to know what’s on my mind if I sort of give you 
this summary of what the evidence thus far tends to show 
—I’m not ruling on anything—so that you may rebut what 
I ’m saying or correct it if I ’m in error.

First of all, there were apparently 24 Negro teachers 
last year and there are now 8 employed this year, except

Colloquy



259a

perhaps that Superintendent has resigned and it leaves 7— 
not Superintendent, principal. So to begin with we’ve got 
16 teachers that we’re concerned about and according to 
the evidence offered by the School Board, if I accept it, 
we, in effect, cease worrying about 4 of those, if the School 
Board’s evidence is accepted, namely; Cunningham because 
she retired; Roberts—I don’t know whether these are he 
or she, excuse me—she did not wish to teach in an inte­
grated school; Young’s bricklaying class was abolished; 
and then Green I don’t think falls into that category. I ’m

—5—
just talking now very tentatively. We start worrying about 
16. We apparently knock out Cunningham, Roberts and 
Young for the reasons indicated, if those are true facts, 
subject of course to your rebuttal, and that leaves 13 in­
cluding Green, the nature of whose objectionable habits 
we don’t know. We don’t know what’s meant by objec­
tionable habits. Then forgetting Green for the moment 
and going on the remaining 12, Mrs. Marsh was not hired 
on the recommendation and statement of a School Board 
member who was a Medical Doctor. Now, I don’t think 
that I should allow plaintiffs in a class action to prose­
cute Mrs. Marsh’s claim unless I allow the School Board 
to disclose the nature of the medical reason for not em­
ploying her. This seems to me to be an elementary fair­
ness thing. Anybody knows there can be sound medical 
reasons for not employing a person which are not in the 
least embarassing at all.

Mr. Pearson: May it please the Court, as I understood 
it the doctor was a member of the Board and this is his 
patient.

Court: Apparently so.

Colloquy



260a

Mr. Pearson: Anything between the doctor and the pa­
tient is not subject to disclosure, not even to the Board.

Court: We agree, that’s my feeling about it, I ’m with 
you 100%. This is Mrs. Marsh’s privilege, not anybody 
elses, she’s the patient, so I will not let the School Board

— 6—

disclose what the doctor knows except with Mrs. Marsh’s 
consent. If she consents, I ’ll be glad for the School Board 
to disclose it, but unless she consents I will not allow plain­
tiffs to prosecute her case for her. This just isn’t fair. 
It’s analogous to letting a plaintiff in a personal injury 
lawsuit prosecute his case without disclosing his medical 
condition. We don’t ever do that, never. The defendant 
in a personal injury action has the right to have a medi­
cal examination and if the injured person won’t allow it, 
you just won’t let her prosecute the lawsuit. So my in­
quiry to you is simply this, tentatively the Court will 
dismiss the claim as to Mrs. Marsh unless you show the 
Court you have authority from her to waive her patient 
privilege and to permit the School Board to defend on 
the ground intimated, that she failed reemployment by 
reason of a medical condition.

Going back and resuming, we put Green to one side 
because we don’t know what the personal habits referred 
to are. It might be that those habits involve some privi­
lege of Green, I don’t know whether they do or not. Maybe 
the evidence can develop that and stop short of any em- 
barassment to her, I don’t know. So we had 13 to start 
with, counting Green, and then I tentatively excluded Marsh 
unless you have authority to waive her patient privilege. 
Then I ’ve got a list of the rest of them. Rouse, weight is

Colloquy



261a

Colloquy

obviously a tangible factor. I ’m not ruling* now on what 
the truth is, I ’m just discussing evidence. Eobinson, Wig- 
fall, White, Work and D. Greene—

Mr. Chambers: Your Honor, in listing Mrs. Rouse the 
Court indicated you don’t want to hear rebuttal evidence.

Court: Oh, no, no, I ’m only telling you what I ’m con­
cerned with. This is sort of what the evidence tends to 
show so far and I thought this might help you to know 
what to rebut in my mind, what I ’m thinking about.

Now, then, Eobinson, Wigfall, White, Work and D. 
Greene have probationary certificates according to this 
evidence and relatively low scores on the National Teach­
ers Examination. I ’ve got them down here, 408, 429, 403, 
439, 428. My impression is—and I want rebuttal, I may 
have made a mistake getting it down—that white teachers 
are well above those scores, all of them, but show me if 
I ’m wrong. Then Chambers, Jackson and Petty were rated 
average by the Ninth Avenue School Superintendent. This 
list I ’m giving* you starts with excellent at the top, that’s 
Mrs. Marsh. She was rated excellent by the Superintend­
ent ; Rouse very good; then the next five I gave you, Robin­
son, Wigfall, White, Work and Greene, were rated good 
potential; and then Chambers, Jackson and Petty were 
rated average.

So that’s where I am in this effort to compare people 
and I give you that purely as a resume and not as any

— 8—

ruling in any sense and open the matter up for you. I 
have no further questions to the School Board, subject to 
rebuttal and, of course, cross examination. The exhibit 
offered by the School Board apparently answers the ques­

■—7—



262a

tions that I propounded. How do you wish to proceed, 
you want to call evidence for the plaintiffs!

Mr. Chambers: May I make one or two inquiries of the 
Court!

Court: Yes, sir.
Mr. Chambers: The Court indicated we were concerned 

with 13 teachers including Miss Greene and I have here 
Mrs. Marsh, Mrs. Rouse, Robinson, Wigfall, White, Greene, 
Chambers, Jackson and Petty.

Court: Fowler and Hostler are the others. Of course 
we are concerned with all 16. I don’t mean that I ’m ruling 
out Cunningham, Roberts and Young but prima facie it 
appears that Cunningham retired, Roberts simply refused, 
he didn’t want to teach in an integrated situation, and 
Young’s job was abolished. That’s why I say we’re sort 
of left with 13, subject, however, to your right to offer 
evidence with respect to all 16.

Mr. Chambers: Your Honor, in order that we might 
proceed with our interrogation of the witnesses we re­
quested to be here today. I think we should lodge an ob­
jection to the memorandum submitted by the defendant so

—9—
we can understand how this was prepared in order to 
proceed.

Court: All right, Mr. Prince, you want to be sworn 
yourself or have someone who actually prepared the ex­
hibit be sworn!

Mr. Prince: I would like to be sworn and have the 
Superintendent swrorn at the same time.

Colloquy



263a

H ugh D. R andall, a witness for the defendant, is ex­
amined and testified as follow s:

Direct Examination by Mr. Prince:

Q. I suppose the Court will remind you that you are 
still under oath on the continuation of the other hearing, 
is that correct?

Court: Yes, sir.

Q. Mr. Randall, you have in your hand a machine copy 
of the items referred to by the Judge which are before 
the Judge on the bench. Would you examine those and 
state whether or not they are machine copies of files main­
tained in your office as Superintendent of the Schools of 
the City Board of Education, City of Hendersonville? A. 
That’s correct, yes, sir.

Mr. Prince: You may examine him.
Mr. Pearson: Are you offering this in evidence?
Mr. Prince: Well, I will as soon as you are

— 10—

through. He is just identifying them now, then we 
will offer them. Do you want to cross examine him?

Court: You may qualify the witness as to whether 
this exhibit is competent or not, if you wish to.

Mr. Chambers: Your Honor, we had hoped that 
the defendant would have proceeded to show how 
this was actually prepared.

Court: Ask him, if you want to. If you don’t 
want to, I ’ll ask him for you, be glad to.

Mr. Chambers: Your Honor, if we do, we’d like

H ugh D. Randall— fo r  D efendant— D irect



264a

P

the privilege of calling the Superintendent back at 
a later time.

Court: Certainly.

Cross Examination by Mr. Chambers:

Q. Mr. Randall, you stated that the material you had in 
your hand was in the files maintained in the Office of the 
Superintendent. A. That’s correct, yes.

Q. How did they get in the files'? A. All of them here! 
We can take one at a time, if you like, or do you want 
to refer to sections? Of course, the covering letters and 
that sort of thing are not in my files.

Q. Starting with the page stating: In the United States
— 11-

District Court, Memorandum to Hon. J. Braxton Craven, 
Jr. How was this prepared?

Court: Well, obviously that’s not a part of the 
files. That is a sworn affidavit of Mr. Prince and 
I think he will have to testify about that himself.

Mr. Daley: Your Honor, he says he knew it was 
all the bulk of the material. He made the statement.

Court: He didn’t say that, he said you’d have to 
ask him about each part of it and then he began 
by saying the letter of transmittal was not.

Mr. Daley: Under direct examination by Mr. 
Prince.

Court: Gentlemen, no use in wasting time. I know 
that’s not part of the school record. It shows on 
its face it’s not part of the school record.

Q. Mr. Randall, turning to the page following the copy 
of the letter of Judge Craven to counsel of record in

H ugh D. Randall— fo r  D efendant— Cross



265a

this case, this is the page on the bottom states “Resume 
of Negro Teachers” , by whom was this prepared? A. The 
actual writing was done by the Chairman from the files 
of each individual teacher in my office,

Q. Is that the Chairman of the Board? A. Chairman 
of the Board of Education.

— 12—

Q. When was this done? A. Must have been done since 
the Judge’s letter was dated. We worked a good bit on 
it almost every day since we received the letter. I believe 
this letter was dated September 10, so prior to Septem­
ber 10.

Q. The Chairman of the Board worked with somebody 
else in preparing this statement? A. He worked with me.

Q. You and the Chairman of the Board prepared the 
statement? A. The Chairman of the Board worked with 
me. I made the files accessible to him and supplied him 
with all the information in each individual file.

Q. Who made the determination that Mrs. Rouse, be­
cause of her age, height and weight was unable to carry 
on her activities? A. I did.

Q. Who made the determination that Mr. Robinson, be­
cause of a probationary certificate, should not be retained?

Court: Are you reading from the resume of Negro 
teachers ?

Mr. Chambers: Yes, sir, this is Paragraph #3.
Court: Thank you, yes, I see it.

A. What was your question?
Q. I was asking who made the determination that Mr. 

Robinson, because of a probationary certificate, should not 
be retained in the system? A. I did.

H ugh D. Randall— fo r  D efendant— Cross



266a

Hugh D. Randall— fo r  D efendant— Cross

—13—
Q. Who made the determination that Mrs. Wig’fall should 

not be retained in the system? A. I did.
Q. Who made the determination that Miss Work should 

not be retained in the system? A. I did.
Q. And the same with respect to Miss Greene, Doris 

Greene? A. I did.
Q. So in effect you and the Chairman participated in 

the preparation of this information which you state is in 
the file of the Superintendent? A. As I stated, the Chair­
man authored the document. I furnished the information.

Q. Turning to the comparison of teachers which is at­
tached to the memorandum, who prepared the list here 
showing Laurie Jackson with Blankenship, Pardue—

Court: Which one are you on now?
Mr. Chambers: This is the competitive chart.
Court: Has it got an exhibit number, is that. #2?
Mr. Chambers: It’s not numbered. It’s the chart 

that the Court requested—
Court: It’s numbered on the bottom, 3. It’s an­

swer to question # 5  is what it is. Question #5, 
“With respect to each Negro teacher who sought and

—14—
failed to obtain employment, disclose the names of 
teachers who competed” and so on. Go ahead.

Q. Who prepared this, Mr. Randall? A. I did.

Court: Let me ask you a question. In this chart 
I noticed when I studied it yesterday some names 
are underlined without an asterisk. Now, the asterisk 
is explained as meaning these teachers are not em­
ployed. What does the underlined names mean, any­
thing?



267a

A. Yes. They were formerly teachers at Ninth Avenue 
and it means that they have been employed.

Mr. Prince: It’s to identify the former teachers 
whether they were employed or not.

Court: Are they all Negro teachers?
Mr. Prince: Yes, sir.

Q. Mr. Randall, again looking at this chart, which you 
stated was submitted pursuant to the request of the Court 
concerning the teachers with whom those Negro teachers 
not retained were compared, would the list show all of 
the teachers that Mrs. Jackson, for instance, was compared 
with? A. Yes, her primary competitors.

Q. Would it show, for instance, all of the teachers with 
whom Mrs. Evelyn Petty and Mrs. Grace Chambers were

—15—
compared? A. Prime competition according to certifica­
tion, in other words, first competition.

Q. Would it show all the teachers with whom Mrs. Annie 
R. Fowler "was compared? A. Prime competition.

Q. I mean all of the teachers, regardless. A. Yes.
Q. Would it show all of the teachers with whom Mr. 

Hostler was compared! A. Yes.

Court: May I interrupt you, Mr. Chambers, I 
want to be sure I understand. Take, for example, 
in the second group here Mrs. Evelyn Petty, Mrs. 
Grace Chambers and Dale Lappin. Mrs. Petty and 
Mrs. Chambers were not employed.

H ugh D, Randall— fo r  D efendant—-Cross

A. That’s correct.



268a

Hugh D. Randall—for Defendant—Cross 

Court: Dale Lappin was employed.

A. Right.

Court: No other French teacher was employed.

A. That’s the only French applications I had.

Court: That doesn’t answer my question. No 
other French teachers were employed!

A. No other French teachers were employed, that’s correct.

Court: And in the first category, Mrs. Jackson 
was not employed and the others were employed and

—1 6 -
no other high school science teachers were employed, 
right ?

A. That’s correct.
Q. Mr. Randall, you don’t mean that you have only one 

French teacher in the system, do you? A. That’s correct, 
only one French teacher.

Q. No one else in the system teaches French? A. That’s 
correct.

Q. The list would show all of the teachers with whom 
Mrs. Marsh, Mrs. Rouse and Mrs. Pilgrim were compared? 
A. Yes, it would.

Q. And the same with respect to Mrs. Wigfall, Robinson 
and Miller? A. Correct.

Q. Now, I don’t see any Special Education teachers 
which would indicate that they were hired by the system. 
Do you have any Special Education teachers in the system? 
A. Two of those not starred were hired.



269a

Q, Mr. Robinson and Mr. Miller? A. Correct.
Q. And the list would show all of the teachers with whom 

Mrs. Chambers and Mrs. Petty were compared for English, 
is that correct? A. That is correct.

Court: Excuse me another moment. Where there
— i r ­

is no NTE score shown, I think I know what that 
means but would you tell me?

A. It’s not available.

Court: And why isn’t it available ?

A. They did not have to take the test when they were 
certified, is usually the reason. It’s only been required in 
the last year or two.

Court: Sort of a Grandfathers Clause?

A. That’s correct.

Court: Here’s Miss Doris Wigfall, 391 and in 
parenthesis 429, what does that mean?

A. She took it twice and came up.
Court: Thank you.

Q. The list that follows that shows the allotment of 
teachers for the 1964-65 and the 1965-66 school years? A. 
No, it does not. It shows the positions.

Q. The positions? A. Yes.
Q. This would not indicate the teacher allotment? A. 

No, it doesn’t.
Q. What is the teacher allotment for the 1965-55 school 

year? A. 66, I believe.

Hugh D. Randall— fo r  D efendant— Cross



270a

Q. The difference would represent what! A. Other 
teachers that we employed.

Q. Solely by the school system! A. Right.
—1 8 -

Court : Excuse me again. You mean the State 
won’t pay for but 66 and the local school adds this 
tremendous quantity more?

A. Yes.
Q. Going back, Mr. Randall, the list of teachers and ap­

praisals by Mr. Anderson, against whom was Mr. Ander­
son comparing the teachers for personal attractiveness? 
A. You would have to ask Mr. Anderson that, maybe his 
wife.

Q. You do not know? A. I don’t know who he used for 
a standard.

Q. Do you know who he used for a standard for emotional 
maturity! A. No, I don’t.

Q. The same with respect to the other six items? A. 
That’s correct.

Q. And the same would be true with respect to the writ­
ing that follows the typewritten part? A. That was Mr. 
Anderson’s evaluation. I don’t know his standard.

Q. Mr. Randall, the Court perhaps indicated this when it 
gave us the impression of the evidence presently before it, 
but in the material we discussed first, that is the resume of 
Negro teachers, this list or statement you submitted with 
the information submitted to the Court, you state in Para-

—19—
graph 1 that four were placed in #1  category. Would you 
state who these four are ? A. I can look them up for you. 
You have it there in your file, too.

Hugh D. Randall— fo r  Defendant-—Cross



271a

Court: It’s Marsh, Bouse, Robinson and Wigfall? 
Mr. Prince: No. The performance analysis of the 

Negro teachers are in order.

A. In the righthand corner of the sheets.

Court: What are you referring to?

A. The Anderson evaluation sheets.
Q. You’re talking about the statement on the evaluation 

of summary where it would say average or good? A. Yes.
Q. And this is what you used? A. That is tabulation 

from those, what you referred to.

Court: No. 1 category is excellent, right?

A. Right.

Court: And four were in that category and three 
were hired and Mrs. Marsh was not.

A. That’s right.

Court: Three out of the four in the excellent cate­
gory were hired and Mrs. Marsh was not?

A. That’s correct.
Q. You did not have an opportunity to make a personal 

evaluation of each of these teachers, did you? A. Yes, and
— 20—  

no.
Q. Would you explain that? A. Usually if a teacher is 

experiencing difficulty he is referred to me immediately and 
I try to make a pretty good evaluation at that time.

Q. Did you have the occasion to personally evaluate each

Hugh D. Randall— fo r  D efendant— Cross



272a

of the Negro teachers in the school system! A. Not 
thoroughly, no.

Q. The determination of the Board as to the qualifica­
tions of the teachers, whether he would fit in category 1, 2, 
3, 4, 5 or 6, was made on the basis of the information fur­
nished by the principal of the school, is that correct! A. 
Not by the Board, no, sir.

Q. By your office! A. By me.
Q. Did the Board make any determination where one 

would fit in! A. Not unless I recommended them. They 
didn’t discuss them.

Q. Mr. Randall, did you have anything to do with the 
information furnished Mr. Prince in preparing the memo­
randum to the Court which states that the Ninth Avenue 
Advisory Board and the Superintendent have been of the 
opinion that the teaching staff of the Ninth Avenue School 
would he upgraded by employing younger teachers of a 
newer generation even though these teachers had not been 
able to achieve the minimum score of 450 on the National 
Teachers Examination! A. I did.

— 21-

Court: Where are you reading from!
Mr. Chambers: This is the second page of the 

memorandum.
Court: Of the one certified by Mr. Prince!
Mr. Chambers: Yes, sir.
Court: Where on the second page!
Mr. Chambers: Last paragraph, the next to the 

last sentence.
Court: Yes, sir, thank you.

A. At that time I was working under an Advisory Board 
for the Ninth Avenue School as well as under a City School

Hugh D. Randall— fo r  D efendant— Cross



273a

Board and between the policies of both that’s basically 
where that came about. It was really the policy of the 
Advisory Board to hire local girls regardless of qualifica­
tions which I wasn’t exactly in favor of but I’m not exactly 
at liberty to overrule the Board.

Q. It was the policy of the Board to hire local girls re­
gardless of qualifications? A. If at all possible. That’s the 
Advisory Board.

Q. This indicates that the Advisory Board and the Su­
perintendent felt that you would improve the quality of the 
Ninth Avenue School by bringing in younger teachers even 
though they might not have made 450 on the National 
Teachers Examination. A. We felt that way, yes.

— 22-

Court: Does this relate to what you used to feel 
about the Ninth Avenue Negro school?

A. That’s exactly right.

Court: Not what you feel now.

A. No, that’s what we used to feel about the school.
Q. I didn’t understand that, that’s the way you used to 

feel? A. You’re talking about a different school. That 
was the Ninth Avenue School you’re talking about.

Q. That’s true, but you felt that way? A. Yes.
Q. What do you mean you used to feel that way? You 

mean you changed your mind? A. The Ninth Avenue 
School has changed.

Q. Well, the policy might still be there. A. The Advis­
ory Board is no longer in existence.

Q. It might apply to other schools? A. No, sir.
Q. Why didn’t it apply to other schools before? A. En­

tirely different schools.

H ugh D. Randall— fo r  D efendant— Cross



274a

H ugh D. Randall— fo r  D efendant— Cross

Q. Why didn’t it apply to other schools before? A. Be­
cause they were schools accredited with the Southern As­
sociation of Schools and Colleges.

Q. Why wasn’t it possible for those schools to continue 
with teachers with less than 450 in the National Teachers 
Exam? A. Not and stay in the Southern Association.

—23—
Q. It wasn’t possible last year for a school to have a 

teacher with less than 450 and be in the Southern Associa­
tion? A. It would take a warning and stay in.

Q. It might take a warning? A. That’s correct.
Q. What about the school that has a teacher who has not 

taken the National Teachers Exam? A. She’s covered by 
the Grandfather Clause.

Q. And even though she might not be able to make 450, 
she stays in the school system. A. She never has to take 
the examination.

Q. And you are never able to determine her qualifications 
on the basis of a teacher exam? A. That’s correct.

Court: This last paragraph, then, really relates to 
history, to what was true last year in the all Negro 
Ninth Avenue School.

A. Yes, sir. The Advisory Board no longer exists.

Court: Well, this year did you hire any teachers 
under having a minimum score of less than 450?



275a

Hugh D. Randall—for Defendant—Cross 

A. No, sir.

Court: None this year, Negro or white?

A. That’s right, none.

Court: Is it fair then to say that as between last 
year and this year you simply raised your stand-

—24—
ards ? This school has changed, it used to be a Negro 
school and now its an integrated school.

A. That’s right, and it was at my recommendation that we 
abolished it as a Negro school, so we could raise the stand­
ards.

Q. Mr. Randall, you stated you raised the standards of 
the school? A. I did not.

Q. You did not raise the standards? A. I did not state 
I raised the standards.

Q. Did you raise the standards? A. We will see, time 
will tell.

Q. You don’t know whether you raised the standards? 
A. We’ll know, we’ve only been operating three weeks.

Court: I don’t understand your answer. A stand­
ard is something that you can sort of put your finger 
on. I thought we were talking about 450 as a 
standard.

A. We are talking about a policy of the City School Board 
which says we will not employ less than an A Certified 
teacher or better in the formerly white schools, and Ninth 
Avenue now is a Junior High School and an integrated 
school, as well as all the others. They apply the same 
policy. I no longer have to work under Advisory School 
Board policy as well as the School Board.



276a

H ugh D. Randall— fo r  D efendant— Cross

- 2 5 -
Court : Well, is the same standard now applied to 

the former Ninth Avenue School, well, to all the 
Schools I

A. All schools.

Court: You’ve got one standard now, is that what 
you’re saying!

A. Yes.

Court: And you now hire only A Certificates!

A. That’s right.

Court: Is that true for 1965!

A. Yes, sir, clear A ’s. What we call a clear A is one that’s 
not probationed or conditioned.

Q. Would you repeat that, sir, I didn’t hear the last state­
ment.

Court: He said clear A Certificate, not proba­
tionary or conditional. For this year, then, every 
teacher has a clear A  Certificate!

A. Right.
Q. Mr. Randall, did you not hire some teachers this year 

who have not taken the National Teachers Exam? A. 1 
couldn’t have if they had the A  Certificate.

Q. Didn’t you state that the State only recently required 
teachers to take the National Teachers Exam to obtain an 
A Certificate? A. Yes.



277a

H ugh D. Randall—fo r  D efendant—Cross

—26—
Q. And if a teacher had taught previously she would 

have an A Certificate even though she had not taken the 
National Teachers Exam! A. We require the A Certifi­
cate not the National Teachers Exam.

Q. You require the A Certificate and you do not worry 
about the National Teachers Exam? A. I do not require 
the National Teachers Exam.

Q. This is not a factor in determining the qualifications 
of a teacher? A. Indirectly it would have to be obtained 
to get an A Certificate.

Q. But you do not worry about it as long as she has an 
A Certificate? A. A teacher has to have an A Certificate, 
yes.

Q. The application forms which you state were filed by 
the applicants for jobs represent both Negro and white 
applicants? A. Yes.

Q. Do you know how many Negro applicants you had? 
A. No, sir.

Q. Did you have any? A. I don’t know, I could have.

Court: I think you testified at the last hearing you 
didn’t have any.

—27—
A. OK, I ’ll stick with that. I don’t recall. It could be there 
are some, I don’t know. There’s nothing on there to indi­
cate, is there?

Q. Did you hire any new Negro teachers this year? A. 
No, I did not.

Q. And you hired 14 new white teachers, new to the sys­
tem? A. I believe that’s correct.

Court: Do you recall whether all 14 new white 
teachers did have NTE scores, do you recall?



278a

Hugh D. Randall—for Defendant—Cross 

A. I don’t believe they did.
Q. They did not have? A. I don’t believe they did. It’s 

in there.
Q. Mr. Randall, you indicate that Mrs. Cunningham re­

signed at the end of the school term? A. Retired.
Q. Do you know the date that she submitted her resigna­

tion? A. No.
Q. You do not? A. No.
Q. Did you consult with Miss Roberts regarding her in­

terest in teaching in the school system for next year? A. 
I did not.

Q. On the form that she submitted to the Board, which 
you have attached in this memorandum, you have a ques­
tion: “Do you wish to be considered for a teaching posi­
tion in the Hendersonville City Unit for the 1965-66 school

- 2 8 -
year?” A. That was not my question but it’s on there. 
That was Mr. Anderson’s question.

Q. You didn’t ask this question? A. No.
Q. You didn’t ask Miss Roberts whether she wanted to 

teach in an integrated school? A. No.

Court: How do you know she didn’t want to teach, 
from some paper you saw or from a report that 
Anderson gave you or what?

A. From the report Anderson gave ine.

Court: It’s in this file?

A. Yes.
Q. She indicates in here she would like to teach in the 

system for the 1965-66 school year?



279a

Court: Where is her sheet, about half-way
through or where?

Mr. Chambers: I ’m sorry, I ’m looking at Mr. 
Eobinson.

Court: Well, Roberts is the one we’re talking 
about, isn’t it?

Mr. Chambers: Miss Elizabeth Roberts.

A. I know the lady you’re talking about. I talked with her 
and she told me herself before I ever saw these.

— -29—
Q. You talked with her? A. Yes.
Q. Do you recall when you talked with her?

Court: Wait, you’ve lost me now. You’ve got two 
Roberts. Did one Roberts tell you she didn’t want 
to teach in an integrated school?

A. Yes.

H ugh D. Randall— fo r  D efendant— Cross

Mr. Prince: One is Roberts, one is Robinson. 
Court: Roberts is the one we’re talking about. 

You misunderstood. Roberts did tell you she did 
not want to.

A. I knew that, yes.
Q. Do you recall when she indicated that she didn’t want 

to be employed? A. It was before school was out.
Q. Was it before you had occasion to talk to the teachers 

about the reorganization of the school? A. I talked with 
the teachers I ’m sure the last day and I’m sure it was be­
fore the last day, yes.

Q. You talked with the teachers the last day of school 
about the reorganization? A. Yes, sir.



280a

Hugh, D. Randall— fo r  D efendant— Cross

Q. Had you indicated to the teachers before then that 
the schools would be reorganized? A. Oh, yes, two years 
before.

—30—
Mr. Chambers: Your Honor, we have no further 

questions of this witness.
Mr. Prince: Would it be all right to enter into the 

record that I prepared the tabulations and submitted 
it. I would like to let the record show that these 
tabulations I have sent to you were prepared by me 
in my office and at my home Saturday, Sunday and 
Labor Day and copied on the Xerox machine in my 
office and filed and delivered to me by the Superin­
tendent and after that the Superintendent and I went 
over them in detail to make certain they were cor­
rect. Is that too much?

Mr. Chambers: That’s too much.
Mr. Prince: Well, strike out what I ’ve said.
Court: Perhaps you better be sworn and tell us 

what you did.
Mr. Chambers: I think Mr. Prince is worried 

about continuing as counsel after he has testified. 
I told him that we would have no objection.

Court: I remember that from the last hearing. 
You do not have an objection, is that correct?

Mr. Chambers: No, sir.
Mr. Daley: The only objection I have is that he 

is drawing two salaries. I object to that.
Court: May I take that as a facitious objection?
Mr. Daley: Yes, sir.



281a

L. B. P rince— fo r  D e fe n d a n t-D ir e c t— Cross

—31—
L. B. P rince, having first been duly sworn, was examined 

and testified as follows:

Direct Examination by Mr. Prince :

Q. State to the Court what part you had in preparing 
the document now before the Court. A. When I received 
a letter from the Judge directing further information be 
furnished to him and to counsel, I obtained the full files 
from the Office of the Superintendent and carried them 
home with me and studied them over a long week-end, pre­
pared these tabulations from that study, had them written 
up in draft form and submitted it to the Superintendent 
for his careful examination, retyped them and had the 
copies made in my office and mailed out to the Court and 
to counsel, and they are correct tabulations of the files that 
were given to me by the Superintendent.

Q. That’s all I care to ask.

Court: Any cross examination particularly with 
reference to the opinions and conclusions expressed 
in the affidavits filed by Mr. Prince?

Cross Examination by Mr. Chambers:

Q. Mr. Prince, you stated that your compilations were 
based on information furnished you by the Superintendent?

—32—
A. And the files, yes, sir.

Q. And you took this, according to the Superintendent, 
from information furnished by the principal of the former 
Ninth Avenue School? A. Those were the files that were 
used for tabulating all of the information about the Negro



282a

teachers, plus the two items in their personal files in the 
office of the Superintendent.

Q. Mr. Prince, it’s correct, isn’t it, as Randall testi­
fied, that the list showing the comparison of teachers in­
dicates all of the teachers with whom the particular Negro 
teacher was compared? A. I heard him testify to that. 
That chart was prepared in his office by him, not by me.

Q. The rating, so far as categories 1, 2, 3, 4 and 5, was 
based on the information submitted by Mr. Anderson? 
A. It was based on those files which I was told were pre­
pared by Mr. Anderson.

Q. Which you were told? A. Yes, sir. I was never ac­
quainted with Mr. Anderson. I believe I met him one time 
and saw him at a commencement. Our School Board does 
not discuss any matters with principals or teachers, we deal 
solely through the Superintendent.

Q. Mr. Prince, did you concur in the statement that I 
read to Mr. Randall a moment ago concerning the opinion 
of the Ninth Avenue Advisory Board and the Superin­
tendent? A. Mr. Chambers, I did not either concur or dis-

—33—
agree with it. We set out some years ago to try to let this 
Ninth Avenue Advisory Board composed of Negroes run 
that school and give them the fullest authority we could. 
We did not question the recommendations that came through 
the Superintendent to our Board.

Q. You didn’t question that at all? A. No, sir, but the 
recommendations came to us from the Superintendent.

Q. Has the Board seen the information submitted in the 
memorandum? A. No, sir.

Q. It didn’t have occasion to indicate its approval or 
disapproval? A. The Board?

L. B. Prince—for Defendant—Cross



283a

Q. The Board. A. Yes, sir. I communicated the sub­
stance of it to the Board but I did not lay it before them 
or read it to them.

Q. Turning to this resume of Negro teachers, the deter­
mination in Item 2 where two teachers were placed in the 
Category 2 and one was not employed because she is 56 
years old, 65% inches in height and weighs 219 pounds. 
Was that determination made by you or the Superin­
tendent? A. By the superintendent.

Q. And you accepted his recommendation! A. Yes, sir.
—34—

I’ll say this, that under the law of North Carolina the Su­
perintendent has to recommend to the Board. We do not 
initiate any employment, we can’t, and unless some member 
of the Board knew something of a personal or confidential 
nature we never questioned what he recommended.

Q. That would be true, then, of his failure to recommend 
Mrs. Robinson and Mrs. Wigfall in Paragraph 3, wouldn’t 
it? A. Mr. Chambers, until this lawsuit was brought we 
let the school people run the schools. Since that time we 
have had to acquire considerable detail about it. I suppose 
the answer to the question is it’s a matter not brought to 
the attention of the Board.

Q. And that would be true of Paragraphs 4, 5 and 6?

Court: Of what, his affidavit?
Mr. Chambers: The same list.

A. As to the tabulations ?
Q. I don’t really know whether this is an affidavit or not. 

This is the sheet that follows the affidavit, the resume.

Court: Resume of Negro teachers.

L. B. Prince-—for Defendant—Cross



284a

A. Well, my information about any item in there is based 
solely on the performance analysis of the principal that 
was delivered to me in the file except I was present when 
Dr. Luke stated that that teacher—I will not call her name 
—should not be employed and we didn’t question that. 
Other than that I do not believe that there was any com-

—35—
ment on any individual teacher at all.

Q. Mr. Prince, how long have you been a member of 
the Board? A. Well, let me see, I was reappointed, I was 
appointed one time, six years maybe, maybe longer.

Q. Up through the 1964-65 school year the Board did fol­
low the policy, didn’t it, of assigning Negro teachers to the 
Ninth Avenue School only? A. Entirely, yes, sir.

Q. And assigning the white teachers to the other schools 
which were all white? A. Yes, sir. May I add that the 
Ninth Avenue School was operated not only for the Hender­
sonville City District. . . .

Court: We’ve got all that in the record.

Q. Mr. Prince, do you know whether any of the 14 teach­
ers newly hired this year were residents or natives of 
Hendersonville? A. No, sir.

Q. You don’t know? A. No, sir. I suppose it’s in the 
file, their applications show. I did not read it and did not 
attach any significance to that.

Q. What happened here is that Mr. Randall submitted a 
list of names for teaching positions to the Board and the 
Board accepted his recommendations? A. That is correct.

Q. No further inquiry was made by the Board? A. That 
is correct.

L. B. Prince—for Defendant—Cross



285a

L. B. Prince—for Defendant—Cross

—36—
Q. Or by you as Chairman of the Board? A. That is 

correct.

Court: Some mention was made at the last hear­
ing by somebody that this is an exceptionally high 
graded school system. Is that just local pride or is 
there some basis in fact?

A. I understand that there are 170 approximately school 
districts in North Carolina of which less than 20 are fully 
accredited and Hendersonville is one of those fully ac­
credited.

Court: Is it accredited this year?

A. Yes, sir. This is the second year that our elementary 
school has been fully accredited. Our high school has been 
fully accredited for many years.

Court: But the Ninth Avenue School was not!

A. That’s right, yes, sir.
Q. In fact, they could not be, could they? A. I ’m not 

entirely certain about that. I don’t know what the rules 
are. It may be the school is too small for it. I ’m not certain.

Q. Wasn’t it also a problem about Negro schools them­
selves being accredited by the Southern Association? A. 
I never heard of that. In fact, I never heard of the South­
ern Association until they got into this argument about

—37—
accrediting the University.

Court: We’ve all heard about it recently.



286a

A. Mr. Chambers, I want to make a statement in the record 
that you might want to cross examine me about. The School 
Board and the Superintendent decided early in the fall that 
we would probably integrate the Ninth Avenue School and 
operate our school system as a fully integrated school sys­
tem. We were then operating under an order of this Court 
and the decision was made then that every Negro teacher 
who could qualify under our rules would be employed and 
the Superintendent and the Board agreed that he would 
make that recommendation and according to my best un­
derstanding that was done and they were employed.

Q. I have a few questions I would like to ask you about 
that. What were your rules for qualification? A. The 
rules of the Southern Association.

Q. What are they? A. I don’t know.
Q. You don’t know what the rules are? A. No, sir.
Q. Does anyone in the system know? A. Mr. Randall.
Q. Mr. Randall knows what the rules are? A. Well, I 

assume he does. I couldn’t testify. I think yes, Mr. Randall 
is a member of a committee that works for the accredita-

—38—
tion of these schools. I expect he is thoroughly familiar 
with them.

Q. Since the Board doesn’t know what the rules are, the 
Board wouldn’t know whether you followed the rules. A. 
Mr. Chambers, I state again, we left this operation of the 
schools to the school people.

Q. What you mean is that you adopted a rule and left 
it with the Superintendent. A. We adopted a policy and 
the actual employment of teachers and the instructional 
program of the schools were left to the school teachers. We 
operated more on the direct level, concerned ourselves

L. B. Prince—for Defendant—Cross



287a

largely with policies and with the budget, which were our 
main concerns.

Q. Mr. Randall, therefore, would know what the rules 
are? A. I think so.

Q. You think he would? A. Yes, sir. They are always 
sending him out to some other schools to make the examina­
tion for accreditation and I assume that they think he 
knows what they are.

Q. When Mr. Randall submitted the names of teachers 
to the Board, did the Board make any inquiry to determine 
whether the Negro teachers who formerly taught in the 
Ninth Avenue School were properly considered for posi­
tions? A. Yes, sir.

Q. When did you do that? A. Asked Mr. Randall if he
—39—

couldn’t find some more of them to employ. I asked him 
that myself for the reason that we had a number of Negro 
children in the School and we wanted to employ some 
Negro teachers to give them a little better connection with 
the instructional program.

Q. Did you check the qualifications of the Negro Teach­
ers? A. No, sir, I took Mr. Randall’s statement for it and 
Mr. Randall was in accord with that view, any how.

Q. Mr. Prince, taking a look at this list that was com­
piled by you and Mr. Randall, at the teachers who were 
compared with Mrs. Fowler, this list shows Mrs. Fowler 
has a graduate certificate, 28 years of experience and not 
one of the teachers you list here as being hired has any 
graduate certificate, no one has a National Teachers Exami­
nation score. Why wasn’t Mrs. Fowler qualified? A. I 
would say the answer is in the performance analysis by 
the principal.

Q. Take a look at the performance analysis and show me

L. B. Prince—for Defendant—Cross



288a

where in there you have the basis for not rehiring Mrs. 
Fowler.

L. B. Prince—for Defendant—Cross

Court: Where is it in there, near the front or 
the back of all of them?

A. I believe my answer to that would be—not to under­
take to debate the contents of that—to say that Mr. Eandall 
did not recommend her which is sufficient for the Board, 
and then if you want to call him back, he can explain.

—40—
Q. And that was sufficient for you? A. Yes, sir.
Q. Wasn’t it also sufficient for you and the Board that 

Mr. Randall didn’t recommend the other Negro teachers? 
A. We accepted his recommendations with the full confi­
dence that he’d carry out the policy of the Board, which I 
have stated.

Q. And the Board didn’t inquire about the qualifications 
of the teachers? A. No, sir. We did not undertake to 
evaluate the qualifications of individual teachers. We ac­
cepted the recommendations of the Superintendent.

Q. Did the Board make inquiry to determine if any Negro 
teachers applied for jobs for the first time in the school sys­
tem? A. No, sir.

Court: Annie R. Fowler?
Mr. Chambers: Yes, sir.
Court: Mr. Anderson rated her as average and 

had some criticism of her in his remarks.

Q. Mr. Prince, in response to a request of the plaintiffs 
the Board submitted some information regarding the credit 
ratings of teachers who were retained by the Board. A.



289a

We had the Credit Bureau prepare a credit rating of all of 
them. It was 9 :Q0 o’clock last night before she got finished 
with it. But we had no information about that. As I stated 
in the letter, we never inquired as to credit rating.

—41—
Q. Do you know whether the Superintendent’s Office had 

received any letters regarding credit for any of these teach­
ers! A. The two that we said had a bad credit rating.

Q. Anyone else? A. No, sir. I did not take the files of 
the white teachers who had been employed except to the 
extent necessary to compare those with the Negro teachers 
who were not employed. The other files I did not study and 
I don’t know whether or not there is anything in those files 
about it.

L. B. Prince—for Defendant—Cross

Court: Are you saying that you did study the 
files of the competing white teachers?

A. Yes, sir.
Q. You studied the files of the competing white teachers? 

A. Yes, sir.
Q. All of the files? A. All of those that I was told were 

competing. I did not know what teachers were teaching 
what subjects until this matter came up.

Q. You didn’t know what teachers were really competing, 
did you? A. I had to get that information from the school 
people.

Mr. Chambers: We have no further questions. 
Court: Let the reply to the Court’s letter be re­

ceived in evidence.
Mr. Chambers: Your Honor, we’d like to lodge an

—4 2 -
objection against the information submitted to the 
Board by the principals of the schools.



290a

Court: On what grounds?
Mr. Chambers: On the basis that the Board has 

no evidence to decide what standards the principal 
used in determining whether a teacher was average, 
good, excellent; it has no standards to determine 
what the teacher meant in rating a teacher in cate­
gory 1, 2, 3, 4 for personal attractiveness, 1, 2, 3, 4 
for emotional maturity; it doesn’t know what stand­
ards were used in determining whether a teacher had 
control of pupils, and we submit this is hearsay evi­
dence with no basis and no relevancy.

Court: Objection overruled. The plaintiff Greene 
is not the teacher whose employment was terminated 
and failure to reemploy because of objectionable 
personal habits, is that correct?

Mr. Prince: That is correct.
Court: Gentlemen, I am not going to alloAV the 

possibility of that teacher to be embarrassed by re­
quiring of the School Board to disclose those habits 
unless you give me authority for going into that. If 
you want to go into that and have the authority of 
that particular teacher, we certainly will do so.

—43—
Mr. Chambers: We have now power of attorney 

from the teacher.
Court: Well, I don’t mean to be formal with you. 

I will accept your statement. If you tell me you 
are authorized to go into it by Mr. Greene, why 
that’s good enough for me. I know you wouldn’t 
say so if it weren’t so.

Mr. Chambers: We have no specific authorization 
from Mr. Greene.

L. B. Prince—for Defendant■—Cross



291a

Court: This is not quite as clear as the. patient- 
doctor privilege but in a class suit I don’t think 
three plaintiffs ought to be allowed to even poten­
tially risk serious embarrasment to an unnamed per­
son without the authority of that person. These 
habits may be no more embarrasing than some of 
mine. I get a little embarrased because I gnaw my 
nails sometimes.

Mr. Chambers: We’d like to call the principal of 
the Bruce Drysdale School.

George Wilkins—for Plaintiffs—Direct

George W ilkins , having first been duly sworn, was ex­
amined and testified as follow s:

Direct Examination by Mr. Chambers:

Q. State your name, please. A. George Wilkins.
—44—

Q. Mr. Wilkins, are you employed by the Hendersonville 
Board of Education? A. Yes, I am.

Q. As principal of the Bruce Drysdale School? A. Yes, 
I am.

Q. How long have you been employed in that position? 
A. I believe this is the 6th year, I ’m not sure.

Q. Mr. Wilkins, is it a normal function of your job to 
give annual reports to the Superintendent of Schools re­
garding the performance of teachers, all the teachers in 
your school? A. We discuss the teachers, yes.

Q. All the teachers? A. All teachers, yes.
Q. Did you do that last year? A. Yes, I did.
Q. Prior to the 1965-66 school year? A. Yes, I did.
Q. Did you do it the year before? A. Yes, I did.



292a

Q. With respect to all teachers? A. As far as I can 
remember,

Q. Did you do it the year before? A. As far as I can 
remember.

Q. And what Would these discussions generally cover?
---4:0---

A. How did they perform in my judgment.
Q. What all did you discuss about the teachers? A. 

How does she actually teach the children, various things 
like that.

Q. And you reviewed every teacher along those same 
lines? A. Yes.

Q. And you did this with respect to all teachers for the 
1965-66 school year in the Bruce Drysdale School? A. 
Just a minute, I didn’t understand that. The years got me 
there, I didn’t get your years.

Q. I ’m talking about the 1965-66 school year, prior to 
employment for that year. A. Yes.

Q. With the Superintendent? A. As near as I can re­
member, I did.

Q. Did you consider the teachers personal attractive­
ness? A. Yes, sir.

Q. The teachers emotional maturity? A. As near as I 
can determine it.

Q. The teachers mental adaptability? A. As near as I 
can determine it.

Q. The social interests of the teacher? A. What do you 
mean by that ?

Court: He’s reading to you from one of your 
school forms. If you don’t know what it means,

—46-

George Wilkins—for Plaintiffs—Direct

say so.



293a

George Wilkins—for Plaintiffs—Direct 

A. The employment!

Court: I don’t know and I don’t suppose Mr. 
Chambers knows.

Q. It stated here: “ To what extent is the teacher ac­
tivated by a clearly formulated social philosophy!” A. I’m 
afraid I can’t understand that.

Court: Are you not hearing him? The acoustics 
are terrible.

A. I know, I can’t hear him very well. Could I have a copy 
of that? Maybe I could read it.

Mr. Prince: The record shows this form was de­
vised by Mr. Anderson. It’s not a common form used 
throughout the City.

Q. Did you consider the leadership ability of the teacher? 
A. Yes, sir.

Q. Did you consider the teacher-pupil relationship? A. 
Absolutely.

Q. And whether the teacher had any control over the 
pupils? A. Yes, absolutely, as near as I could determine 
that.

Q. How many teachers did you have in your school last 
year? A. 64-65 school year?

Q. Yes, sir. A. I think my staff was 25.
Q. Was Mrs. Ella Lee Arledge teaching in your school?

—47—
A. Yes.

Q. Mr. Wilkins, to try to shorten this, I would like for



294a

you to give the Court an evaluation of Mrs. Ella Lee 
Arledge considering her personal attractiveness, emotional 
maturity, mental adaptability, social interests, leadership 
and teacher-pupil relationships. You can place her in a 
catagory of good, poor, excellent. A. I would say that 
she rated very high in all those catagories.

Q. Did she have control of the pupils! A. Absolutely. 
Q. Did she talk too much! A. Where!
Q. In the classroom, anywhere. A. I ’m afraid I can’t 

answer that, I don’t know.
Q. Was she very cooperative! A. Absolutely.
Q. Is she back in the system this year! A. No, sir.
Q. She isn’t ! A. No, sir.

Court: Did she just leave!

A. I understood she resigned.
Q. Was Mrs. Ruth Ashby in your school! A. Yes.
Q. How would you rate her according to these things!

—48—
A. I would rate her very fine in all of them.

Q. Is this the report you gave the Superintendent? A. 
That’s right.

Q. Did you have anybody in your school you wouldn’t 
rate very high? A. Which year are you speaking of?

Q. Last year. A. Yes, I did.
Q. WLo was that? A. There was one teacher—

Court: If we can save embarrasment. I ’ll let the 
name come out if we have to, but is it somebody 
you didn’t rehire?

A. We did not rehire one teacher.
Q. Either one of them? A. Either one of what?

George Wilkins—for Plaintiffs—Direct



295a

George Wilkins—for Plaintiffs—Direct 

Court: He just said one.

Q. I ’m sorry, you did not rehire her! A. The Super­
intendent did not rehire her. The Board did not.

Court: If you need the name for further cross 
examination, I ’ll let you come up and let him tell 
you. We’ll just leave it out of the record. No use 
embarrasing somebody unnecessarily.

Q. Is there anybody here you would rate good rather 
than excellent! A. By my accounting!

—4 9 —
Q. Yes, sir. A. All my teachers are excellent.
Q. Would you tell us what is meant by personal attrac­

tiveness, if you know! A. You mean to me!
Q. Yes. A. It’s the same sort of thing I guess when 

I married my wife. You might not find her attractive but 
I do.

Court: You want to withdraw that question! 
Mr. Chambers: Maybe I should.

Q. Mr. Wilkins, how would you define emotional matur­
ity! A. I guess a person that doesn’t thro-w tantrums. 
I don’t know, there’s no such thing as average, I guess.

Q. No such thing as average! A. I guess it would be 
every man’s interpretation of emotional maturity. I ’d say 
a person that acts like a mature person.

Q What about mental adaptability! A  I would say a 
person that can adapt to a situation as it arises.

Q. As it arises! A. I guess so.
Q. What about social interests! A. Social interests! 

You know, he’s asking me things that—



296a

Court: If that doesn’t strike a cord with you,
— 50-

just say so.

A. It does, but does he want what I mean or what he 
means ?

Court: What you mean.

A. Social interests, I don’t know.
Q. How would you define leadership? A. A person that 

can lead.
Q. The class? A. In any situation, I guess. There are 

different types of leaders.
Q. If you were evaluating a teacher according to this 

criteria, what standards would you be concerned with? A. 
First of all certification. I don’t have this job.

Q. You appraise the teachers for the Superintendent? 
A. I help, yes.

Q. Do you consider the leadership ability of a teacher in 
your appraisal for the Superintendent? A. As near as 
I can.

Q. What do you consider, then, for leadership? A. Cer­
tification.

Q. Anything else? A. Personal attractiveness second. 
That’s it.

Q. Certification and personal attractiveness? A. Ab­
solutely.

Q. Are these the only things you consider for the Super­
intendent? A. No, sir, the first two I would consider.

—51—
Q. What else would you consider? A. Well, how she 

talks, the way she carries herself, her—I don’t know what

George Wilkins—for Plaintiffs—Direct



297a

you would call it—-the way she sits, the way she walks, the 
way she talks.

Court: Is this in addition to personal attractive­
ness?

A. I ’m just trying to enumerate these things.

Court: You’re not listening to me now. Is this 
in addition to the personal attractiveness factor or 
simply a definition of personal attractiveness?

A, I would say I guess it’s a part of it.
Q. Isn’t it rather difficult, Mr. Wilkins, to try to define 

standards you use to determine the qualifications of a 
teacher? A. Well, after certification there’s, I guess that 
would be the main thing I would recommend on it, and then 
personal attractiveness.

Q. Certification and then personal attractiveness and 
then the others would be highly subjective, wouldn’t they? 
A. I guess so. If I didn’t know the person and I was trying 
to determine what kind of leader, I would have to go by 
their list of qualifications.

Q. One might even be prompted by the race of the 
person?

George Wilkins-—for Plaintiffs—Direct

Court: Surely you do know your teachers, don’t
— 52—

you?

A. Yes, sir.

Court: Then why talk about if you didn’t know 
them, that doesn’t help us. You know your teachers, 
don’t you?



298a

George Wilkins—for Plaintiffs—-Direct 

A. Yes, sir. I’m, afraid I don’t understand what—

Court: Let me put it to you this way, what we’re 
trying to do at this hearing—and some say it’s im­
possible and I ’m beginning to think they’re right 
about it—is to compare human beings.

A. You can’t do that.

Court: You say you can’t do that. You say you 
have to hire them all.

A. You have to hire them first of all by certification and 
then the way they appear to you. We had quite a study 
in the State, if you’re interested, one of the pioneer studies 
in the nation headed by Dr. Brank Prophet and I think 
they dismissed this thing. It was on merit rating, which 
human evaluation was the prime factor. He couldn’t do 
it.

Q. You can’t do it? A. I couldn’t other than qualifica­
tions.

Q. Mr. Wilkins, in personal attractiveness would your 
standards there be subjective, too! A. I don’t know what 
you mean.

Q. One might be more attractive to you because of your
—5 3 -

own likes and dislikes, is that correct! A. I imagine every 
person would be.

Court: There isn’t any doubt about that. Let me 
ask you this, sir; you just finished saying you can’t 
do it and yet you said a moment ago that you failed 
to recommend a teacher for reemployment, didn’t 
you do it with respect to that teacher?



299a

A. Let me say this, I would say that you couldn’t write it 
down so everybody could use it.

Court: That’s not at all the same as saying you 
can’t do it.

A. I beg your pardon.

Court: Do you think so?

A. What I meant was that you can’t write the standards 
down so that he could judge the same as I could.

Court: When you didn’t hire the teacher—you 
said you didn’t hire one and we didn’t give the 
name of that teacher—you felt she didn’t measure 
up. Didn’t you weigh her and compare her with 
the other teachers? She’s a white teacher, isn’t 
she?

George Wilkins—for Plaintiffs—Direct

A. Yes, sir. I would say that the qualifications in which she 
did not qualify was something that is very tangible.

Court: What, for example?

A. Discipline.

Court: Wherein did she fail ?
—54—

A. She didn’t have any.

Court: Just couldn’t control the children?

A. That’s right.



300a

George Wilkins—for Plaintiffs—•Direct 

Court: Is this a factor?

A. That would be a factor after I knew the teacher. You 
couldn’t do it before.

Q. Mr. Wilkins, wouldn’t it be preferable to leave the 
qualifications with some definite tangible factor that you 
could point to? A. I don’t know.

Q. You stated you couldn’t evaluate the teachers accord­
ing to the standards we were talking about a moment 
ago. A. It would be a personal opinion.

Q. Highly subjective? A. Yes.
Q. Maybe even influenced by the race of the teacher? 

A. I doubt that. I don’t know.
Q. Might be? A. I don’t know.
Q. It would be better for the School Board, wouldn’t 

it, to follow standards like certification which you can point 
to to see whether one is qualified to teach? A. I don’t 
know.

Q. Isn’t that the conclusion of this study you were talk-
— 55—

ing about? A. What study is that?
Q. The merit study. A. The merit study said you 

couldn’t list personal qualifications.
Q. Isn’t that the conclusion of the study? A. That’s 

what I understand.

Court: That you can’t do it objectively?

A. That’s right.

Court: But we do it all the time, every day, 
every one of us, subjectively.

A. That’s right.



301a

Court: Isn't it fair to say that race of a person 
can be a factor without your even being aware of 
it?

A. Well, I ’ll say right now that we bend over backwards 
to go the other way. I have nothing to do with this, you 
understand.

Q. Did you see the evaluations submitted by the former 
principal of the Ninth Avenue School? A. No, sir, I did 
not.

Q. Did you ever submit anything in writing to the 
Superintendent regarding the teachers in your school?

Court: A  summary of their qualifications.

A. I believe so, at some time or another.
—56—

Q. Did you last year? A. Yes.
Q. You did last year? A. Yes, we have a regular re­

port.
Q. You submit a regular report? A. Yes.
Q. About your evaluation of the teachers in your school? 

A. No. This was a preliminary report, State of North 
Carolina, that has to go to the Superintendent.

Q. What does that cover? A. Certification, number of 
years taught, certificate number, what type of certificate 
they have, the class of certificate, things like this.

Court: No more subjective things on it?

A. Only in personal conference with the Superintendent.
Q. You never submitted any written information regard­

ing your appraisal of the teachers to the Superintendent? 
A. No, sir, not that I know of. I don’t remember.

George Wilkins—for Plaintiffs—Direct



302a

Q. Mr. Wilkins, the Bruce Drysdale School covers grades 
1 through 6? A. No, sir, the Bruce Drysdale School 
covers grades 1, 2 and 3.

Q. Does everyone teaching in your school have an A 
Certificate! A. Yes, sir.

Q. All of them? A. Yes.
—57—

Q. Are all of them primary certificates? A. No, they 
are not.

Q. Some of them are grammer? A. That’s right.
Q. Are any of them elementary? A. I don’t remember.
Q. You don’t know? A. I don’t remember.
Q. Are any of them secondary? A. None of them are 

secondary. I better qualify that statement. I have a teacher 
who is also a librarian qualification which could be high 
school, secondary, elementary, primary, any of them.

Q. Does she teach any other course? A. Librarian only.

Mr. Chambers: No further questions.
Court: We’ll take a few minutes recess and then 

we’ll resume.
Short R ecess

Court: Call your next witness.

H ewry B rookshire, Jr., having first been duly sworn, 
was examined and testified as follow s:

Direct Examination by Mr. Chambers:
—58—

Q Would you state your name, please? A Henry Brook­
shire, Jr.

Q. Mr. Brookshire, are you employed by the Henderson­
ville Board of Education? A. Yes.

Henry Brookshire, Jr.—for Plaintiffs—Direct



303a

Q. In what capacity ? A. Principal.
Q. Of what school? A. Hendersonville Junior High 

School.
Q. How long have you been principal of that school? 

A. About two or three months.
Q. This is your first year in the system? A. No, sir. 
Q. How long have you been in the system? A. Six 

years.
Q. Where were you employed previously? A. Rosa Ed­

wards Elementary School.
Q. Were you principal there or assistant principal? A. 

Principal.
Q. You were principal at Rosa Edwards? A. Yes.
Q. And you stated you were principal there for six 

years? A. No, sir. I was principal three years.
Q. Did you, as principal of Rosa Edwards, prepare ap-

—59—
praisals of teachers teaching in the Rosa Edwards School? 
A. No written appraisals.

Q Did you prepare any appraisals? A. Only my per­
sonal opinion.

Q. You were principal at Rosa Edwards during the 
1964-65 school year? A. Yes, sir.

Q. Did you prepare and present to the Superintendent 
appraisals of the teachers at that school for that year? 
A. No.

Q. You did not? A. No.
Q. To your knowledge did anybody prepare appraisals 

of teachers at that school? A. You’re speaking of written 
appraisals ?

Q. Any kind of appraisals. A. Not to my knowledge 
any written appraisals. Of course, all of us appraised 
the teachers verbally.

Henry Brookshire, Jr.—for Plaintiffs—Direct



304a

Q. Did you prepare and present to the Superintendent 
an appraisal, whether written or oral, of the teachers at 
the Rosa Edwards School for the 1964-65 school year? A. 
Oral, yes.

Q. You did? A. Yes.
Q. Do you recall the date that you presented this to the

—6 0 -
Superintendent? A No.

Q. Was it in the spring? A. Yes.
Q. In June? A. I can’t recall.
Q. Do you recall how long you talked to the Superin­

tendent about the teachers there? A. No.
Q. An hour? A. This went on several times. I cannot 

recall the amount of time because I talked to him several 
times.

Q. You talked to him several times? A. Uh huh.
Q. Do you recall what you considered in discussing the 

teachers with the Superintendent? A. Oh, yes. The 
progress that the teacher had made in the classroom and 
many different things.

Q. Like what, Mr. Brookshire? A. Dicipline, how the 
teacher would handle the discipline problems, everything 
that would come up in an everyday school year.

Q. Did you review every teacher in your school with 
the Superintendent? A. Yes.

— 61—

Q. Every teacher? A. Yes.
Q. And you gave him an appraisal about the progress 

of the teacher? A. Yes.
Q. And the ability to control students? A. Yes.
Q. Of every teacher? A. Yes.
Q. What else did you say you considered? A. Well, I 

can’t remember exactly everything but it pertained to the

Henry Brookshire, Jr.—for Plaintiffs—Direct



305a

organization of the school, instruction, everything that the 
teacher would deal with.

Q. Do you recall whether the Superintendent made notes ! 
A. I can’t recall, no.

Q. Can you recall at this date your appraisal of each 
of the teachers! A. No.

Q. You cannot? A. No.
Q. Did the Superintendent require that you make this 

appraisal? A. He didn’t require it. He asked my opinion. 
Q. On each teacher ? A. Yes.
Q. He sat down and went over the list of teachers? A.

—62—
Yes.

Q. Didn’t you just consider or talk to the Superintendent 
about teachers you might have had some problem with? 
A. We would talk about those more than the others, yes.

Q. You’d say something like you thought Mrs. X  was do­
ing OK and you didn’t have a problem with her? A. Yes.

Q. You really didn’t go into any great details about that, 
did you? A. Yes, we did.

Q. You mean you sat down and put Mrs. X  into a 
catagory for personal attractiveness? A. No.

Q. You didn’t do that? A. No.
Q. Nor did you consider her emotional maturitv? A. 

Yes.
Q. You put her in a catagory for emotional maturity, 

did you? A. No, just my opinion, that’s all.
Q. Did you rate her in catagory 1, 2, 3, 4 or 5? A. No. 
Q. Did you do it for social interests? A. No.
Q. For her leadership? A. Yes.

—63—
Q. You rated her in catagory of 1, 2, 3, 4 or 5? A. No, 

just that she’s doing a good job or she’s not.

Henry Brookshire, Jr.—for Plaintiffs—Direct



306a

Q. What standards did yon use to determine whether 
one was doing a good job? A. That’s a hard question. 
The standards I used are standards that I thought were 
important. Everyone would have their own standards.

Q. And you think yours were different from the others ? 
A. Not basically. We all have the same standards such as 
certification and things of that sort.

Q. What other things other than certification? A. Any­
thing that’s like it, certification and job that—something 
that you could see, these tangible things that you’re speak­
ing of. We all feel different about abstract. You can’t say 
that he feels the same as I do about mental maturity and 
emotional development.

Q. You mean the Superintendent would feel the same 
way? A. I ’m speaking of another principal, not the Su­
perintendent.

Q. The Superintendent might also differ? A. Yes.
Q. Do you know what is meant by social interests? A. 

I know what I feel like it means. I don’t know what you 
would consider the definition.

Q. What do you think it means? A. Like which church 
they go to or what clubs they belong to, that sort of thing.

—64—
Q. Activities outside the school? A. Yes.
Q. Do you know what was meant by personal attractive­

ness? A. I know what I mean.
Q. What do you mean? A. Someone I thought was per­

sonally attractive.
Q. These are all subjective? A. That’s right.
Q. Do you recommend all the teachers for the next year 

to the Superintendent? A. I recommend, yes, sir.
Q. Did you recommend all of the teachers at Rosa Ed­

wards? A. Yes.

Henry Brookshire, Jr.—for Plaintiffs—Direct



307a

Q. All of them! A. Yes.
Q. Were all of them rehired! A. One resigned but she 

would have been hired.
Q. How did you recommend them! A. Orally.
Q. Has the Board ever refused to hire a teacher you 

recommended! A. No.
Q. Mr. Brookshire, if you were going to evaluate a 

teacher, would you state what you would consider to deter­
mine whether the teacher was a good teacher or not!

—65—
A. First I ’d have to know is this teacher, am I hiring a 
new teacher or am I evaluating one I have.

Q. Why would it make a difference! A. Because you 
are limited when you have a new teacher, you are limited 
in your evaluation.

Q. How are you limited! A. Because you have had no 
experience with her sort of classroom dicipline and so 
forth. You can take certification. That in itself shows 
this teacher has been evaluated by a college and has a de­
gree and been evaluated by the State Department and 
they found her fit to teach. That in itself is an evaluation 
for me. That’s the main thing in a new teacher.

Q. Now considering the old teacher. A. Like I said a 
moment ago, you would have these other things, work 
and progress and these things in the classroom to con­
sider.

Court: Excuse me. I have forgotten something. 
Leon Anderson was the Negro principal who did this 
appraising, right!

Mr. Chambers: Yes.
Court: What happened to him, is he employed 

now!

Henri/  Brookshire, Jr.—for Plaintiffs—Direct



308a

Mr. Prince: He was employed by the School 
Board and resigned to take a position in California.

Mr. Chambers: I ’d like to inquire what position 
he was hired to fill.

— 66—

Mr. Prince: Attendance Counsellor.
Court: Mr. Anderson is not here, is that right, 

not in the courtroom?
Mr. Prince: No, sir.

Q. Mr. Brookshire, did you have Mrs. Annie T. Shipman 
in your school last year? A. Yes.

Q. Do you know how old she is? A. Yes, approxi­
mately, 63.

Q. She’s been in the system approximately 25 years? 
A. I think so, yes.

Q. Taught the 7th grade? A. Yes.
Q. Do you feel she was able to teach the 7th grade? A. 

Very capable.
Q. The age didn’t bother her? A. Not a bit.

Mr. Chambers: No further questions.
Mr. Prince: Come down, sir.
Court: Mrs. Annie Shipman, I don’t find her name. 

Who was she competing with, according to your 
understanding?

Mr. Chambers: I was reading from answers to 
the interrogatories submitted by the defendant where 
the teachers and the schools are listed, the teachers

—67—
teaching in the schools. This is the answer to In­
terrogatory 4A and B.

Henry Brookshire, Jr.—for Plaintiffs—Direct



309a

Court: Apparently she didn’t compete with any 
of the Negro teachers who weren’t employed, ac­
cording to the exhibit. All right.

Mr. Chambers: We’d like to call the principal of 
the Rosa Edwards School.

E dgar R udisell, having first been duly sworn, was ex­
amined and testified as follows:

Direct Examination by Mr. Chambers:

Q. State your name, please. A. Edgar Rudisell,
Q. Mr. Rudisell, are you employed by the Henderson­

ville Board of Education? A. Yes.
Q. As principal of the Rosa Edwards School? A. Cor­

rect.
Q. Is this your first year as principal of that school? 

A. It is.
Q. Were you in that school prior in any capacity? A. 

No.
Q. Were you in the system last year? A. That last 

question, I ’m not sure I understood.
— 68—

Q. Were you in the Hendersonville Board of Education 
system last year? A. Was that the previous question you 
asked me?

Q. Yes. A. No, I was not employed.
Q. This is your first year? A. In Hendersonville, right.
Q. Then you wouldn’t know very much about the teachers 

in the system, would you? A. No. The only ones that 
I would know anything about are the ones that Mr. Randall 
went through with me as far as the faculty is concerned 
for this coming year.

Edgar Rudisell—for Plaintiffs—Direct



310a

Q. You reviewed each teacher with Mr. Randall? A. 
Yes. He went over the qualifications of the teachers with 
me by a roster. He had a roster of the faculty.

Q. He went over each teacher? A. Right.
Q. The qualifications of each teacher? A. Right.
Q. Was Mrs. Mary Beach considered? A. I don’t recog­

nize that name.
Q. Was Miss Carol Byrd considered? A. That was for 

this year. I don’t recognize those names. They are not 
on my faculty.

Q. Was Mrs. Nina J. Todd on the faculty?
—69—

Mr. Prince: I don’t think Mr. Chambers under­
stands. These teachers had all been employed be­
fore he ever came into the system.

A. The only teachers that I know about are the ones that 
were employed for this fall at Rosa Edwards, that are 
there right now.

Q. The new teachers? A. Well, I don’t know whether 
they are new or not. I ’m new.

Q. Do you have a list of the teachers who you con­
sidered? A. A list with me?

Court: He didn’t consider any teachers. He just 
came there and inherited them.

A. That’s right.
Q. I thought you said you and the Superintendent re­

viewed the teachers at the school. A. He reviewed only 
that they would be there and how they would handle the 
children, strong points and weak points and so forth, of 
this year’s faculty. There was no consideration. The Su­
perintendent hired everyone.

Edgar Rudisell—for Plaintiffs—Direct



311a

Court: And lie was reviewing you more than the 
teachers.

A. That’s right, helping me to understand my faculty.
Q. You didn’t consider anything other than the name

of the teacher?
—7 0 -

Court: Mr. Chambers, we’re just wasting time 
now. This man wasn’t there last year. He couldn’t 
have had anything to do with the failure to employ 
these teachers.

Mr. Chambers: He indicated that he and the 
Superintendent reviewed these teachers.

Court: To help him do his job.
Mr. Chambers: I thought maybe the Superin­

tendent gave him some indication of the qualifica­
tions of the teachers.

Court: He said he did, to help him do his job. 
I would be surprised if the Superintendent didn’t 
do that with a new principal, he wouldn’t be much 
of a Superintendent.

Mr. Chambers: That’s the information I was try­
ing to get.

Court: That wouldn’t have any relevance, that’s 
now.

A. No rating scale.

Court: That was done in September, wasn’t it?

A. That’s right, right before school.

Edgar Rudisell—for Plaintiffs—Direct



312a

Court: Just a couple of weeks ago when you 
started.

Mr. Chambers: It should have some relevancy on 
the opinion of the Superintendent as to the teachers.

—7 1 -
Court: Sure, if you want to go into it, yes, sir.

Q. You don’t know the names of the teachers? A. You 
mean the teachers I have there now, oh, yes, I do.

Q. Do you know the names of the teachers you reviewed 
with the Superintendent? A. This same list, those that 
are there now.

Q. Is Mrs. Annie Shipman there now? A. No.
Q. Is Mrs. Sara Stewart there now? A. No.
Q. Is Mrs. Nina J. Todd there now? A. No, none of 

those names are on my faculty. They never have been.

Court: None of those names are on the list of 
competing teachers that I see.

Mr. Chambers: Your Honor, it’s our position that 
the list that was submitted by the Board as com­
peting teachers isn’t complete, it isn’t adequate.

Court: Give me some evidence tending to show 
that, I haven’t heard any.

Mr. Chambers: We were going to come to that, 
but counsel for the defendant indicated that the 
principals wanted to go back.

No further questions.

Edgar Rudisell—for Plaintiffs—Direct



313a

—72—
Hugh Lockaby, having first been duly sworn, was ex­

amined and testified as follows:

Direct Examination by Mr. Chambers:

Q. Would you state your name, please? A. Hugh 
Lockaby.

Q. Mr. Lockaby, you are employed by the Hendersonville 
Board of Education? A. Yes.

Q. As principal of the Hendersonville High School? A. 
Eight.

Q. And this covers grades? A. 9 to 12.
Q. How long have you been employed in that capacity? 

A. As principal eight years.
Q. Have you, during that period, reviewed the personnel 

of the school with the Superintendent? A. Yes.
Q. Did you do this last year? A. Yes.
Q. Did you consider the qualifications of each teacher? 

A. Yes.
Q. Do you recall what standards you used in determin­

ing the qualifications of the teachers? A. My own opinion.
—73—

Q. Did you have any standards that you used in forming 
that opinion? A. I would say so. They may not be the 
same standards as anyone else but in my capacity as princi­
pal and responsible for the school I have to evaluate my 
teachers.

Q. Could you state what those standards were you used 
in forming your opinion? A. Certification, recommenda­
tions that were received on them, their personality, their 
ability to get along with the students, many others.

Q. Could you list some of the others? A. Their ability 
to handle students, discipline, their interest in the students.

Hugh Lockaby—for Plaintiffs—Direct



314a

Q. Did you evaluate each teacher according to those 
standards? A. Yes.

Q. And you made a recommendation to the Superintend­
ent? A. Yes.

Q. Did you recommend each of the teachers that taught 
in your school last year? A. Yes.

Q. Were all of them reliired? A. Yes.
Q. Mr. Lockaby, you have two Special Education teach­

ers in your school? A. They are there for housing pur­
poses only.

—74—
Q. For what? A. Because of the housing situation they 

are located in my building, yes.
Q. Do you know what grades they cover? A. They cover 

no grades, it’s unrated.
Q. They just take trainable children? A. That’s right.
Q. Any age group? A. We have them from 6 to ap­

proximately 21.
Q. Are they assigned to you? A. Yes.
Q. Do you have more than two Special Education teach­

ers? A. I have four.
Q. Who are the other two besides Mrs. Jessie James and 

Mrs. Sarah Skaggs? A. Mrs. Hannah Wiggins and Mrs. 
Robinson.

Q. Are there other Special Education teachers in the 
system? A. Not to my knowledge. There might be but 
not in my school.

Q. You don’t know whether there are others at other 
schools? A. No.

Q. Mr. Lockaby, did you consider the social interests of 
each of the teachers? A. Yes.

Q. Did you rate them according to categories 1, 2, 3, 4 
and 5? A. No, I did not.

Hugh Lockaby—for Plaintiffs—Direct



315a

—75—
Q. Did you rate them according to category with respect 

to any of the factors considered? A. Not particularly, no.
Q. Did you rate them according to good, average, excel­

lent? A. As I would see it.
Q. Did you rate them, the teachers according to that cate­

gory? A. Yes.
Did you rate any as good? A. Yes.
Q. Do you recall who they were? A. No.
Q. Did you rate any as average? A. Yes.
Q. Do you recall who they were? A. No—average in 

certain areas. To say that a teacher is all the way average 
in everything, no.

Q. Did you rate any as poor? A. No.
Q. Did you rate any as excellent? A. Yes.
Q. You don’t recall who they were? A. Not offhand, no.
Q. Do you know how many teachers you have in your 

school for this year? A. 33 plus 4 is, I think, the correct
- 7 6 -

figure—33 in the high school and 4 in Special Education.
Q. Do you recall whether any of your teachers were un­

able to control their pupils? A. No, sir, there is none.
Q. Do you know whether any of your teachers maintained 

not too attractive classrooms? A. I get on to quite a few 
from time to time.

Q. Do you know whether any of your teachers frequently 
came to class not too well prepared? A. I guess there’s 
all kinds of gradations and variations in preparedness and 
I guess some came more prepared than others at various 
times.

Q. Do you know if any of your teachers had poor com­
munications between the teacher and pupil? A. No, I 
would say not.

Hugh Lockaby—for Plaintiffs—Direct



316a

Q. Did any of your teachers have a disciplinary problem? 
A. No.

Q. None of them? A. Maybe today and maybe never 
again.

Hugh D. Randall—for Plaintiffs—Recalled—Direct

Mr. Chambers: No further questions.
Mr. Prince: May these principals he excused? 
Mr. Chambers: Yes, sir. We’d like to recall the 

Superintendent.

H ugh D. R andall, having been sworn and testified pre-
—77—

viously, was recalled as a witness, examined and testified 
as follows:

Court: What was the name of that study on merit 
raises for teachers that he mentioned?

Mr. Randall: That was the Governor’s Commis­
sion and Dr. Brank Prophet headed it, to study merit 
pay for teachers and they tried to establish an evalu­
ative scale.

Court: What is the name of it among teachers?
Mr. Randall: The man’s name is Brank Prophet 

and he is Superintendent of Schools in Burlington.
Court: That’s the merit—
Mr. Randall: Merit pay study.
Court: Does everybody agree that it just failed 

on the basis of a conclusion that you could not objec­
tively establish standards for teachers?

Mr. Randall: Yes, sir, and plus one other factor, 
that who would do the rating would get so closely- 
associated to politics it would be dangerous.

Court: All right, go ahead.



317a

Direct Examination by Mr. Chambers:

Mr. Chambers: I ’d like to mark this as Plaintiffs’ 
Exhibit for the purpose of identification.

Court: Just mark it Plaintiffs’ Exhibit X.
—78—

Q- Mr. Randall, I show you a list prepared by the School 
Board which we have had marked for purposes of identifi­
cation as Plaintiffs’ Exhibit X-2 and ask if this was pre­
pared by your office! A. Yes, this was prepared in my 
office.

Q. Was it prepared under your supervision! A. I’m 
sure it was.

Q. I will show you Plaintiffs’ Exhibit X -l for purposes 
of identification, a list, and ask you if that was prepared in 
your office and under your supervision. A. Yes.

Q. I will show you a list marked for purposes of identifi­
cation as Plaintiffs’ Exhibit X  and ask if that was prepared 
or authorized to be prepared by your office.

Mr. Prince: We stipulate to that.

A. This is my first time to see the list.

Court: It is so stipulated.
Mr. Prince: We gave it to him, of course.

A. I supplied the names, I ’m sure.

Court: Let them all be received in evidence. Are 
they self-explanatory! I haven’t seen them myself. 
Does each one say what it purports to be, the infor­
mation !

Mr. Prince: The last one was a report from a

Hugh I). Randall—for Plaintiffs—Recalled—Direct



318a

crediting agency in Hendersonville. The others were
—79—

information he called for.

Q. Mr. Randall, according to the list prepared and 
marked as Plaintiffs’ Exhibit X-2 you have listed the certif­
icates of teachers in the school system and, for my own in­
formation, what is a certificate with a P? A. Principal 
Certificate.

Q. And an A Certificate would be a class A Certificate? 
A. May be either high school subject area, grammar grades 
or primary.

Q. A G Certificate would be a graduate certificate? A. 
Based on a Masters Degree.

Q. An NS Certificate would be what? A. Non-standard.

Court: Does non-standard means what it sounds 
like, just not so good?

A. No. This will require an explanation. Some areas do 
not require a college education for a certificate. It depends 
on a person’s particular abilities to do a certain job and 
therefore the State will issue a non-standard certificate for 
that particular function. Trainable children do not require 
a college degree, brick laying does not require a college de­
gree, printing, carpentry, ship-fitting.

Q. They may be qualified but not certified? A. Right.

Court: Excuse me just a moment, please, Mr. 
Chambers. Exhibit X -l, National Teachers Exami-

—8 0 -
nation scores for teachers, grades 1 to 3, going down 
the list Mrs. Christopher has 600, lots of them are 
NA, what does NA mean there?

Hugh D. Randall—for Plaintiffs—Recalled—Direct



319a

A. Not available. I believe that’s the way the plaintiffs 
asked it to be listed, grades 1 through 3; 4, 5; and 6, 7, 8.

Court: Not available means they haven’t ever 
taken the NT test.

A. Yes or not as yet reported by the testing bureau out of 
Princeton, could be.

Court: And this Exhibit X-2 starts off George 
Wilkins, Mrs. Ruth Ashby, Betty Baker, looks like 
its alphabetical.

A. I believe the plaintiffs wanted every teacher employed 
and the college they attended.

Court: And P means Principal!

A. Yes, sir.

Court: And what does NS mean?

A. Non-standard.

Court: What does Mrs. Jessie James do, she’s 
non-standard?

A. Trainable children.

Court: Retarded children!

A. Not retarded in the sense they will ever make any 
progress. They can only be trained to that extent. The IQ 
has to be below 55 to be eligible for it.

Hugh IJ. Randall—for Plaintiffs—Recalled-—Direct



320a

Hugh D. Randall—for Plaintiffs—Recalled—Direct
- 8 1 -

Court: What does Mrs. Hannah Wiggins do?

A. We run approximately two people for every fifteen 
trainable children.

Court: She does the same thing?

A. Yes. They handle a group 6 to 15.

Court: You’ve only got two with NS.

A. I believe the other two are certified.

Court: Everybody’s got an A, G, or P that I see 
except the two, and they are engaged in training 
trainable but not educatable children?

A. Bight.

Court: Are the two teachers listed under unfavor­
able credit information—I won’t call their names— 
are they employed now?

A. Yes, they are.

Court: All right.

Q. Mr. Randall, while we’re looking at those two special 
education teachers, why weren’t they compared with Mrs. 
Doris Wigfall? A. I don’t know.

Q. Doesn’t Mrs. Wigfall teach special education? A. I 
believe she did last year.

Q. She also is certified, is she not? A. I believe she was.



321a

Q. She also has a degree from a college, doesn’t she!
—82—

A. I believe she does.
Q. But she wasn’t compared with the other two teachers ? 

A. If you asked me to, I would have.

Court: Wait, you’re going too fast for me. Mrs. 
Doris Wigfall, she handled these trainable children, 
too, right?

A. No, sir, she handled edueatable children and did not 
handle trainable children.

Court: Is she qualified to handle trainable chil­
dren!

A. Not in my estimation.
Q. Not in your estimation! A. That’s right.
Q. Doesn’t certification qualify her to teach trainable 

children? A. Her certificate may.
Q. And the others are without certificates at all? A. 

That’s right. Are you familiar with the trainable children? 
Excuse me, I shouldn’t comment.

Q. And Mrs. Wigfall wasn’t compared with the other two 
teachers? A. No.

Court: By the other two what you mean is Jessie 
James and Mrs. Hannah Wiggins.

Mr. Chambers: Yes, sir.

Q. Now, according to your list—do you have a copy of 
that? A. Which list?

Hugh D. Randall—for Plaintiffs—Recalled—Direct



322a

Hugh D. Randall—for Plaintiffs—Recalled—Direct
—83—

Q. The list showing the teachers compared with the 
Negro teachers who were not retained.

Court: This is a competitive group, so to speak, 
that you’re talking about.

Q. Mr. Randall, in your system do you have teachers with 
primary certificates teaching grades 1 through 6! A. 
Could have.

Q. Do you have teachers with grammar certificates teach­
ing grades 1 through 6? A. Could have.

Q. Do you have teachers with elementary certificates 
teaching grades 1 through 6? A. An elementary certifi­
cate, I’m assuming it’s inclusive, grammar and primary.

Q. I just see elementary certificate. A. Yes.
Q. They would teach grades 1 through 6? A. Could.
Q. Do you have teachers with secondary certificates 

teaching grades 7 and 8 and 9? A. Yes.
Q. Do you have grammar grade certificates teaching 

grades 7, 8 and 9? A. Could have.
Q. Do you have primary certificates teaching those 

grades? A. I doubt it.
—84—

Q. Do you have elementary certificate teachers teaching 
those grades? A. I ’m sure I do have.

Q. So in your system you have teachers with elementary 
certificates teaching grades 1 through 9? A. Could have.

Q. And teachers with grammar certificates teaching 
grades 1 through 9? A. Uh huh.

Q. You might have teachers with primary certificates 
teaching grades 1 through 9? A. No.

Q. They might teach grades 1 through 6? A. Could.
Q. 7? A. No.



323a

Q. They would stop at 7. A. Not necessarily. If I would 
assign them, they would.

Q. Your system permits them to be assigned to those 
grades! A. My system does.

Q. Grades 7, 8 and 9! A. Yes, if I assigned them, they 
would. I doubt if I have any assigned there this year.

Q. Your system would permit teachers with secondary 
certificates to be assigned to those grades also? A. They

—85— 
do.

Q. Will you look at the teachers with whom Mrs. Van- 
bureau Marsh was compared? A. I have.

Q. Will you tell the Court why Mrs. Vanbureau Marsh 
was not retained in the system?

Mr. Prince: Your Honor, that’s the one with the 
medical reason.

Mr. Chambers: I ’m sorry, withdraw the question.
Court: Is that the one the doctor spoke about? 

All right.

Q. Mrs. Eva Pilgram is in the system, isn’t she? A. 
Yes.

Q. Hid you assist the Chairman of the Board in deter­
mining Mrs. Odell Rouse shouldn’t be retained in the sys­
tem? A. I didn’t recommend Mrs. Rouse to the Board.

Q. Why didn’t you? A. For several reasons. One pri­
marily was basically health, physical condition.

Q. What other reason? A. In my opinion I recom­
mend the best teachers available.

Court: She’s the one 56 and weighed 219.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



324a

A. I recommend the best teachers available for the work 
and the job to be done, is my job and my responsibility. 
I’ll read you a list of things that do enter into it, if you’d

— 86—

like to have them.
Q. Doesn’t Mrs. Rouse have an A Certificate? A. I ’m 

sure she does.
Q. She is qualified in other respects? A. What other 

respects?
Q. Including the reason you gave in the memorandum. 

A. If you exclude my reasons, I can’t go into other respects.
Q. If the Court excludes your reasons you can’t go into 

other things? A. No.
Q. You feel that if the Court excludes the reasons you 

gave that she would be properly qualified to teach in the 
system? A. No. If you exclude my reasoning for not 
recommending, there is no point in giving additional rea­
sons.

Hugh D. Randall—for Plaintiffs—Recalled—Direct

Court: Now we’re having communication diffi­
culty.

A. Let me give you a list of things. As I said, in my 
opinion I recommend the best teachers available for the 
work that is to be done. That is my job and my responsi­
bility. The following factors are more important to me than 
degrees of certification: personality, philosophy, reputa­
tion, general appearance, physical defects, attitude, speech, 
their optimism, do they love children and which age group, 
does the principal of the school want them in his system, 
do they have a sense of humor, can they discipline children, 
do they believe in teaching all children, how will pupils



325a

Hugh D. Randall—for Plaintiffs—Recalled—Direct
—87—

and parents react to this teacher and the general prognosis 
of that person as a teacher. Those are things that I must 
consider. The degree and certification is a prerequisite to 
even being considered as far as I am concerned.

Q. Now, would you tell the Court how you got what you 
had to say about Mrs. Rouse about these factors! A. I 
didn’t have anything to say about Mrs. Rouse. I determine 
those things within me before I go to the Board of Educa­
tion.

Q. ITow did you evaluate Mrs. Rouse according to these 
things you listed? A. I took all the teachers available to 
me to fill the positions and recommended the best teachers 
in my opinion that were available.

Q. Can you tell the Court how you evaluated Mrs. Rouse 
according to the standards you say you considered? A. 
That’s exactly how I evaluated her. I wish someone could 
remove that responsibility from me.

Mr. Chambers : Your Honor, I will have to call the 
names of some teachers and the Court indicated if 
at all possible it would like to avoid it but the Board 
has submitted as a reason for not retaining Mrs. 
Rouse the facts I wanted to consider with respect to 
some other teachers.

Court: I’m sorry, it’s the acoustics. The Board
—88—

indicated Mrs. Rouse—go ahead—
Mr. Chambers: Indicated a reason for not retain­

ing Mrs. Rouse and I wanted to compare this reason 
with other teachers the Board did retain and I would 
have to name teachers to do it with.

Court: You mean others who weigh 219, for ex­
ample, that sort of thing?



326a

Mr. Chambers: Others who might have some of 
the infirmities.

Court: I don’t see how you could avoid it. Go 
ahead.

Q. Is Mrs. Sossamon in the school system? A. Yes.
Q. How old is she ? A. About 63 or 64.
Q. How long has she been in the system? A. The record 

will show some 28, 30 some years.
Q. What grade does she teach? A. Second.
Q. Is she able to carry on her duties? A. Very capable, 

very able.
Q. And she’s 63 years old? A. Bight.
Q. How old is Mrs. Annie Shipman? A. I ’d have to 

guess. She’s in her early 50’s, middle 50’s.
—89—

Q. How long has she been in the system? A. I don’t 
know. It’s in the interrogatories. I think it’s 24 years.

Q. Is she teaching the seventh grade this year? A. 
Bight.

Q. And she’s able to carry on her duties? A. Very capa­
ble.

Q. Is Mrs. Elizabeth Bennett still in your school system? 
A. Yes.

Q. Do you know her age? A. I can look it up. I can 
guess 48.

Q. You’re not sure? A. I ’m not sure.
Q. You don’t know whether it’s 50? A. No, I don’t. I 

can look it up for you.

Court: If you have it, tell him.

Hugh D. Randall—for Plaintiffs—Recalled—Direct

A. I don’t have the ages.



327a

Q. You don’t have the ages? A. No, I don’t have ages. 
I would say she’s not out of her 50’s, is that close enough?

Q. Is Mrs. Louise Perry still in the system? A. Eight.
Q. Do you know her age? A. She’s in her 50’s,
Q. And she’s been in the school system 36 years? A.

- 9 0 -
Yes.

Q. And she teaches the third grade? A. She could out­
run you and me both.

Court: I ’m not going to cut you off but this doesn’t 
help me because we all know, we all know this, Judge 
Warlick, for example, is a little older than I am and 
I don’t know anybody in the world more active or 
able to work than he is and I don’t believe I ’ll be 
able to do it when I reach his age. I don’t think you 
can generalize. Some people at 55 have had it and 
others we know—you know some of them—some of 
them at 75 are fully capable.

Mr. Chambers: What it is is that this teacher has 
been in the system some 39 years and was perform­
ing ably, at least she stayed in the system. This 
wasn’t an excuse for excluding her last year.

Court: Well, she might have been there 49 but 
what does that pprove? Probably that she ought to 
retire but I don’t know, but I don’t believe you can 
generalize about it.

Q. Mr. Randall, will you turn to the evaluation of Mrs. 
Rouse by Mr. Anderson? A. I’m familiar enough with it, 
I ’m sure.

—91—
Q. Is it true that Mr. Anderson recommended her as a 

very good teacher? A. Yes.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



328a

Q. That she understood and loved children? A. Yes.
Q. That she worked very hard? A. Yes.
Q. And her tone was very good? A. Yes.
Q. And she was a very good teacher? A. Eight.
Q. Would you turn to the following page. A. That’s still 

on Mrs. Rouse?
Q. Still on Mrs. Rouse. A. OK.
Q. Does this examination show that Mrs. Rouse has any 

defect that would prevent her from carrying on her duties? 
A. I see no defects listed.

Q. Do you have any medical report that would show 
she couldn’t carry on her duty? A. I do not.

Q. Mr. Randall, why wasn’t Mrs. Rouse compared with 
all teachers who had a degree or certificate similar to hers? 
A. I ’m sure she was.

Q. You list here that she was compared only with the
- 9 2 -

teachers you have here. A. To the grade level she was 
working at that time.

Q. You stated that she could work in any grade level. 
A. That’s right, she could.

Q. Why wasn’t she compared with all teachers in those 
grade levels? A. Mrs. Rouse was treated as an individual. 
In any position she could have qualified for she was con­
sidered.

Q. At the end of the school term all of the teacher posi­
tions were open, weren’t they? A. Right.

Q. All grades were open, weren’t they? A. Including 
mine, right.

Q. Why wasn’t Mrs. Rouse compared with teachers in 
grades 1 through 6? A. She was.

Q. Why didn’t you list that here? A. You’re asking

Hugh D. Randall—for Plaintiffs—Recalled—Direct



329a

something that’s impossible, to list on paper every con­
ceivable possibility where a person could work.

Q. You mean this list doesn’t show what you did? A. 
No, it doesn’t show what I did.

Q. Did you compare Mrs. Bouse with every teacher in 
the system? A. That’s right, just like I’m comparing you 
with Mr. Palmer right now. I make comparisons every day. 

Q. Mrs. Rouse has a primary certificate. A. Yes.
—93—

Q. She can teach grades 1 through 6. A. She may have 
a blanket and teach grades 1 through 12, I don’t recall.

Q. It is listed her that he has a primary certificate. A. 
OK, we’ll accept that.

Q. You submitted a list of all teachers in grades 1 
through 3, are you telling the Court that you compared 
Mrs. Bouse with all of these teachers in these grades? A. 
Yes.

Q. Why wasn’t Mrs. Bouse preferred over Mr. George 
Wilkins? A. Over who?

Q. George Wilkins is principal of the school? A. That’s 
right. In my opinion he could do a better job.

Q. He has a principal’s certificate anyway, doesn’t he? 
A. Yes, he does.

Q. Why wasn’t she preferred over Mrs. Ruth Ashby? 
A. I considered her being able to do a better job.

Q. Why did you consider her better able to do a better 
job? A. I think Mrs. Ashby’s personality, philosophy, her 
reputation and general appearance, all of these things 
added together would make her more acceptable to people 
that would have children in the school and more acceptable 
by the children. I think her general prognosis is better.

Q. Mr. Randall, you don’t have any tangible factors that

Hugh D. Randall—for Plaintiffs—Recalled—Direct



330a

—94—
you can point to here to show that Mrs. Ashby is better 
qualified than Mrs. Rouse? A. You’re correct. I didn’t 
bring any tangible factors to prove that.

Q. You don’t have any tangible factors to show that Mrs. 
Betty Baker is better qualified than Mrs. Rouse ? A. That’s 
right, it’s my opinion.

Q. And the same would follow with all the other teachers 
on that list. A. That’s right, it’s basically my opinion 
which is my job and my responsibility.

Q. Did you consider at any time the recommendations of 
the principals? A. I didn’t have to. I did if I wanted to.

Q. Did you? A. I did in some cases, some I didn’t. I 
don’t always agree with the principals.

Q. Did you always agree with Mr. Anderson? A. Not 
always.

Q. You didn’t agree with Mr. Anderson about Mrs. 
Rouse? A. Yes, I agreed with him.

Q. You also furnished plaintiffs with a list of teachers 
in grades 4 through 5—this is on Plaintiffs’ Exhibit X -l— 
did you compare Mrs. Rouse with all teachers in grades 4

—95—
through 5? A. Yes. I compared Mrs. Rouse with every 
conceivable job and, in fact, I have her employed as of now.

Court: I didn’t understand the last part.

A. I have her employed now.

Court: Mrs. Rouse?

A. Temporarily.

Court: Mrs. Rouse is employed now?

Hugh D. Randall—for Plaintiffs—Recalled—Direct



331a

Hugh D. Randall—for Plaintiffs—Recalled—Direct 

A. Yes.
Q. In what position? A. She’s in the migrant school 

for migrant children.
Q. She’s not employed in the regular school. A. Right.

Court: I ’m confused. Is she employed by your 
school system now?

A. Yes. My school system is authorized to employ four 
teachers through the migrant workers season. It’s a tem­
porary school. The State of North Carolina doesn’t recog­
nize that it has any responsibility. They merely permit me 
to employ this year four people, four teachers, to try to 
do something for those children until they go hack to their 
state and can attend school there. I asked Mrs. Rouse if 
she would help me there and she’s working, drawing the 
regular pay as a teacher.

Court: What months does it operate?

A. Until the frost. We never know exactly when that will 
be.

—96—
Court: Out where they are working on harvest­

ing apples and so forth?

A. Right.
Q. You stated that she isn’t employed in the regular 

schools. A. She is not.
Q. She is employed as a teacher for migrant workers? 

A. Right.
Q. Children of migrant workers. A. Right.
Q. Aren’t these all Negroes? A. I haven’t seen the 

school, I believe they are. Let me clarify that a little bit.



332a

You mean someone whose skin is darker than mine? Yes, 
they all are.

Q. They are all Negroes. A. They report different na­
tionalities but basically I would say so.

Q. Isn’t Mrs. Marsh at that school? A. She’s helping 
us, too.

Q. Mr. Randall, do you have any tangible factors you can 
point to to show why either of the teachers in grades 4 
through 5 are better qualified than Mrs. Rouse? A. I 
present no tangible information except that which is in the 
interrogatories.

Q. The same would be true, wouldn’t it, with respect to 
all other teachers? A. That’s right. My personal opinion

—9 7 -
carries a lot more weight than anything there on the sheets.

Court: Mrs. Marsh and Mrs. Rouse are both em­
ployed in the migrant school.

A. And Mrs. Marsh is going on to another job very soon. 
I understand.

Q. That isn’t a fulltime job, is it? A. What?
Q. The migrant job. A. I might could make it so.
Q. It isn’t now, is it? A. It is not now.
Q. Did you compare Mrs. Annie R. Fowler with all the 

teachers in the system? A. I did not.
Q. This list shows all the teachers you compared her 

with? A. Yes, it does.
Q. She has an elementary graduate certificate? A. 

Right.
Q. And she can teach in any grade in the system? A. 

Her certificate says she can.
Q. At least grades 1 through 9. A. Yes.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



333a

Q. And she taught in the system 28 years ? A. Eight.
—98—

Q. But she isn’t retained now? A. No.
Q. Did you compare Mr. Claude Hostler with all the 

teachers in grades 1 through 9? A. No, I didn’t.
Q. Did you compare him with any? A. I didn’t compare 

him with anybody.

Court: I ’ve forgotten why, you may have said. Is 
that based on Anderson’s recommendation!

A. It’s based on my personal observation in that case.

Court: That they ought not to be reemployed?

Hugh D. Randall—for Plaintiffs—Recalled—Direct

A. Yes.

Court: Can you give any reason for that?

A. Basically Mr. Hostler’s classroom discipline. I could 
never find him. in the classroom for one thing. When I 
dropped by he wasn’t there, which I didn’t like at all.

Q. Is that the only factor? A. That’s enough in my es­
timation.

Q. He wasn’t there. A. That’s right.
Q. He’s qualified in all other respects? A. He can be the 

best in the world but if he’s missing from the classroom 
when I come by, that’s enough for me.

Q. You don’t know where he was? A. That’s right.
—99—

Q. And you don’t know whether he was out on an errand 
required by the principal of the school? A. No.

Q. He just wasn’t there when you went there? A. Yes, 
and he better be there.



334a

Q. And that's a criteria for . . .  A. That’s one of mine, 
buddy, and that’s it.

Q. How many science teachers do yon have in the school 
system !

Hugh D. Randall—for Plaintiffs—Recalled—Direct

Court: Wait a moment, please, I want to look at 
Hostler and Fowler. All right.

Q. How many science teachers do you have in the school 
system, Mr. Randall? A. There must be four or five.

Q. Do you have science teachers in the junior high school? 
A. Didn’t pick any for the junior high.

Q. Do you have a course in science in the junior high 
school? A. All children grades 7, 8 and 9 take a course 
in science.

Q. You have someone teaching science? A. All teachers 
teach science in grades 4 through 8, now I think grades 2 
through 8.

Q. Does a science certificate, secondary certificate entitle 
one to each in grades 7 to 9? A. It would. They wouldn’t 
have to teach science, they could teach any other 7th, 8th 
or 9th grade.

Q. Did you compare Mrs. Jackson with all teachers in
- 100-

grades 7 through 9? A. No.
Q. You did not, you just compared her with the teachers 

you listed here? A. That’s correct.
Q. Why didn’t you compare her with other teachers? A. 

Basically Mrs. Jackson is a high school teacher.
Q. Couldn’t she teach others? A. She could.
Q. You have, in fact, cai'ried some teachers with sec­

ondary certificates to other grades. A. That’s right.
Q. Why didn’t you carry her? A. If in my opinion they



335a

would do a good job, I would certainly recommend them. 
I need to understand the person, the job.

Q. Your opinion wasn’t very high of Mrs. Jackson? A. 
It was very high.

Q. But you didn’t carry her to any other grade? A. No. 
Q. Do you have French in the junior high school? A. 

No.
Q. Do you have it only in the high school? A. Correct. 
Q. Do you have only one French teacher? A. Correct. 
Q. And no one else teaches French? A. Correct.

— 101—

Q. Why did you prefer Mr. Dale Lappin over the others? 
A. Mr. Lappin, I ’d prefer him over any French teacher 
I ’ve seen in North Carolina.

Q. Why? A. He’s good. He knows how to teach the 
language, he has respect for the children, good discipline 
and makes a great deal of progress.

Q. Was Mrs. Petty a good French teacher? A. She was 
average.

Q. She also taught English, didn’t she? A. I have a cer­
tificate in German but I couldn’t speak a word of it. There’s 
a difference between a certificate and performance.

Q. She also taught English, didn’t she, Mrs. Petty? A. 
She taught some classes in English.

Q. Didn’t she have a certificate for English? A. Yes, 
she did.

Q. She did well teaching English, didn’t she? A. She 
was an average teacher.

Q. At the Ninth Avenue School? A. Right.
Q. Mrs. Grace Chambers also has a certificate in French, 

doesn’t she? A. Yes.

Q. And English? A. Right.

Hugh D. Randall—for Plaintiffs—Recalled—Direct

—102—



336a

Q. Mr. Randall, you indicate here in the first column 
that where a teacher carries certificates to carry other 
courses you might prefer this teacher over a teacher who 
has only one field. A. Not necessarily.

Q. You just do in some instances? A. Some instances. 
Q. And you didn’t do this in this instance with Mrs. 

Petty and Mrs. Chambers? A. I didn’t know of any ex­
tracurricular field in which they were outstanding.

Q. Couldn’t they also teach in grades 7 through 9? A. 
Yes.

Q. But you didn’t consider them in either of those? A. 
They are basically high school teachers.

Q. They could teach in your system in those grades, 
couldn’t they? A. If I so recommended and assigned them.

Q. Haven’t you recommended others with certificates sim­
ilar to theirs? A. Yes, I have.

Q. How many English teachers do you have in the high 
school? A. Four prime, four carried fulltime. There may

—103—
be some others teaching a class or two, I don’t know.

Q. You don’t know how many English teachers you have ? 
A. Four fulltime.

Q. And there are others teaching English? A. I know 
of one that teaches one class.

Q. Not certified in English? A. Yes.
Q. Certified in English? A. Yes.
Q. Who is that? A. I believe that one is. . . .  I don’t 

know. They are just now setting up schedules and I recall 
one that is going to have to teach a class in English.

Q, Did you compare Mrs. Chambers for that position? 
A. Which position?

Q. The one that you say this teacher teaches English and 
some other course. A. I don’t know. We are just now com­

Hugh IJ. Randall—for Plaintiffs—Recalled—Direct



337a

pleting the schedules and if the English teachers are over­
loaded we have to sometimes create additional sections. I 
think there is one being created now.

Q. Yon don’t know who teaches that course? A. No, we 
don’t. No, I don’t know yet. We may know later.

Q. And you didn’t compare Mrs. Chambers for that posi­
tion. A. That is not a position. We will not create a

—1 0 4 -
position just because you have an overload. We will have 
to pick up some teacher in the system to teach that section.

Q. Wouldn’t this be an instance where you would have 
some value in a teacher who could teach more than one 
course? A. Yes.

Q. Similar to Mrs. Chambers and Mrs. Petty? A. Not 
too similar.

Q. Why did you prefer Mrs. Westmoreland over Mrs. 
Petty? A. I ’d prefer Mrs. Westmoreland over any Eng­
lish teacher I have ever seen.

Q. Why is that? A. I consider her one of the best 
there is.

Q. Does she have a better certificate? A. I don’t even 
know what certificate she holds except she holds an A in 
English.

Q. You have associated with Mrs. Westmoreland more 
frequently than Mrs. Petty? A. I seldom see Mrs. West­
moreland.

Q. You have seen her? A. Oh, yes, I see her often.
Q. More frequently than Mrs. Petty? A. No.
Q. Did you visit the Ninth Avenue School very much? 

A. About once or twice a week.
Q. Did you visit the other schools? A. Yes.

Hugh D. Randall—for Plaintiff s—Recalled—Direct



338a

—105—
Q. You didn’t normally come in contact socially with the 

teachers in the Ninth Avenue School? A. No school.
Q. You didn’t come in contact socially with any of the 

teachers at the other schools? A. No.
Q. You never went to a social function? A. (Shakes 

head negatively.)

Court: The record doesn’t show a head shake.

A. I started to make a stupid statement. I live with one, 
yes. No, I don’t necessarily socialize a great deal with any 
of my people regardless of the teacher.

Q. Do you attend church? A. Yes.
Q. Did any of your teachers attend church with you? 

A. I’m sure a lot of them do. About 900 attend the same 
church I do.

Q. Do you belong to a lodge? A. I belong to several. 
I belong to the Elks and haven’t attended a meeting in four 
years.

Q. Do any of the teachers belong to those? A. I don’t 
know.

Q. Do you hunt? A. Hunt what?
—106—

Q. Any animals. A. No.
Q. Fish? A. Occasionally.
Q. Did you ever go fishing with one of your teachers? 

A. No.
Q. Mr. Randall, you haven’t had occasion to actually 

observe each teacher in the school system, have you? A. 
I make no effort to.

Q. You rely primarily on the information furnished by 
the principals? A. I usually come when the principals

Hugh D. Randall—for Plaintiffs—Recalled—Direct



339a

call me for observing teachers. I usually go when they 
call me, when they are suspicious and want me, I ’ll go.

Court: It’s after 1 :00 o’clock. I suspect we’re 
going to require, how much longer, do you have 
any idea? Mr. Prince, will you have some other 
witnesses?

Mr. Prince: No, sir.
Court: We can adjourn now and come back at 

2 :30 or if you are near the end of your case we can 
finish, whichever you prefer.

Mr, Chambers: Your Honor, may we adjourn? I 
don’t think that even if we come back that we’ll 
be very long.

- 107-

Court: Adjourn Court until 2:30, please.
R ecess fob L u n c h

Court: All right, where were we ?
Mr. Chambers: I ’d like to recall the Superin­

tendent.

(Mr. Randall resumes the witness stand for fur­
ther direct examination by Mr. Chambers.)

Q. Mr. Randall, did you consider Miss Doris Greene for 
a position in the schools for the 1965-66 school year? A. 
Only briefly.

Q. Only briefly? A. Right.
Q. Would you state how briefly? A. Being, I believe, 

to use Mr. Anderson’s term, a neophyte and probationary 
certificate, I did not seriously consider her after I learned 
after examining that, her certification, I didn’t seriously 
consider her after that.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



340a

Q. After yon examined her certificate ? A. Bight.
Q. You didn’t compare her with any other teacher in 

the system! A. I believe I did, but I wouldn’t want to 
swear to it. Frankly, I thought she had good potential.

Q. Did you compare Miss Mary White! A. Yes.
Q. For what position! A. Well, again I thought she

—108—
would make a good teacher but her certification really 
barred me from giving her serious consideration.

Q. After you saw her certification you didn’t consider 
her further! A. That’s right.

Court: And what kind was that!

A. It was probationary.
Q. Did you consider Miss Carrie Work for any position? 

A. Yes, with the exception of her certification which was 
probationary.

Q. After you saw the certification you didn’t consider 
her further? A. I have to admit I would lean more to­
ward Miss White than Miss Greene.

Q. Now, why did you turn them down because of the 
certification? A. Basically I didn’t see any effort much 
on the part, as I recall, of them attempting to get a clear 
A Certificate, which to me is important.

Q. What do you mean you didn’t see an effort? A. No 
re-examination, no additional—

Q. Do you know whether they applied for re-examina­
tion? A. I don’t believe they did.

Q. Do you know? A. I do not recall them asking me 
for applications to apply.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



341a

Hugh D. Randall—for Plaintiffs—Recalled—Direct
—109—

Q. Do they have to ask you for applications? A. No, 
they don’t.

Q. And they can apply without asking you? A. They 
can.

Q. And usually they do! A. Usually they let me know 
if they are making an effort.

Q. Sometimes they do? A. Most of the time.

Court: These teachers who have a probationary 
certificate who do change it, what do they do ? They 
take another examination, NTE?

A. Yes.

Court: And get a 450 and the probationary drops 
out, is that it?

A. Yes.

Court: Under 450 it’s probationary?

A. Yes.
Q. Now, Mr. Randall, are you familiar with the regula­

tions of the North Carolina Department of Education gov­
erning probationary certificates ? A. I have a copy in here 
and I am familiar to the extent that I can always refer 
to the regulations.

Q. Is it true that a teacher with a probationary certifi­
cate carries an A Certificate for two years? A. In some 
instances.

— 110—

Q. Didn’t each of these teachers carry a probationary 
certificate good for two years? A. I don’t know. I know 
Doris did.



342a

Q. Did you inquire about the others! A. I looked, yes.
Q. Do you know whether they carried a probationary 

certificate! A. I knew at that time.
Q. They would have been good for this year, wouldn’t 

they! A. Could have been.
Q. Each of them! A. Could have been.
Q. Do you know that the probationary certificate will not 

affect the certification or accreditation of a school! A. 
No, I do not know that.

Q. Isn’t it true! A. No, it isn’t.
Q. Didn’t you see the letter that Miss Greene received 

from the Board of Education, or the State Department 
of Education! A. You’re speaking of accreditation by 
the State Department of Education!

Q. I ’m talking about accreditation by the Southern As­
sociation. A. I ’m a member of that committee.

Q. Are you stating a school cannot receive accreditation 
if they have a teacher with a probationary certificate! 
A. No.

- I l l -
Court: You mean you are saying that,! Go ahead 

and explain.

A. What he’s saying is not correct. If we evaluate a school 
that has several of the teachers, that is the first thing we 
ask they remove from the school is probationary certifi­
cates.

Q. That’s not my question. My question is will a school 
receive accreditation or maintain accreditation if it has a 
teacher with a probationary certificate! A. It could if 
that’s the only deficiency they had.

Q. That’s my point. A. That’s my point.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



343a

Court: It’s not fatal then to accreditation.

A. Just to have that one deficiency, no.

Court: But it is a defect, you say?

A. It would be a deficiency.
Q. It’s not fatal? A. Not by itself. It would not take 

them off the accredited list.
Q. Now, you have some teachers who don’t even have 

certificates, don’t you? A. Correct.
Q. Why didn’t you exclude them? A. It doesn’t apply 

to them.
Q. Why doesn’t it apply to them? A. In a trainable 

program.
— 112—

Q. Aren’t they affected by the accreditation of the 
school? A. Negative, no.

Q. You mean the special edcuation teachers are not af­
fected? A. Trainable programs are not.

Court: Are those the only teachers without cer­
tificates, the ones that are teaching the trainables?

A. Yes. We run the program by grant from the State of 
North Carolina, so much per child per month. If a child 
doesn’t attend school, they do not send the money for him. 
We come under a different set of operating rules alto­
gether.

Q. Do you mean that your special education program 
isn’t considered a part of the education program of the 
Board of Education? A. My program for the trainable 
children is definitely a part of the total educational pro­
gram.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



344a

Q. And is considered in the overall operation in the 
qualifications of the school. A. For what!

Q. For accreditation by the North Carolina Department 
of Education. A. No.

Q. It is not! A. No.
Q. Nor by the Southern Association! A. No.

—113—
Q. Is it evaluated? A. Yes.
Q, By whom! A. By the Evaluative Committee.
Q. Of what? A. Southern Association.
Q. Isn’t it also evaluated by the North Carolina Depart­

ment of Education? A. Oh, yes, but you can eliminate it, 
take it out of the schools and it wouldn’t have anything 
to do with it.

Q. But if you have it in the schools it’s a fact, isn’t it? 
A. Any time you spend tax money it will be evaluated, I 
can assure you.

Q. And it’s also considered by the Southern Association. 
A. If there’s a program, yes. I ’ve never heard of one 
being accredited separately by the Southern Association.

Q. You never heard of a school being accredited— A. 
A  trainable school being accredited by the Southern As­
sociation.

Q. Isn’t it true, Mr. Randall, that no program operated 
by a school is evaluated separately by the Southern As­
sociation, the whole program of the school is considered 
in the accreditation of the school? A. That’s correct.

—114—
Q. So the special education program of your school 

system would be considered in the accreditation of the 
school? A. Yes.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



345a

Q. And if you were using a factor of no certification by 
a teacher, why didn’t yon use this in this connection! A. 
Because the teacher can be certified there without a college 
degree.

Q. Doesn’t the Southern Association take this fact into 
consideration? A. Yes.

Q. And it would consider it here? A. Yes.
Q. And you didn’t consider Mrs. Greene, White, or 

Work. A. Certification has no bearing on a trainable 
teacher at all.

Q. Certification had no bearing so far as you were 
weighing their position for the next school year? A. 
That’s correct, exactly right.

Q. There are some teachers in the school system who 
have not taken the National Teachers Examination. A. 
That’s correct.

Q. So you don’t know whether they would be better 
qualified than Miss Greene, Mrs. White or Mrs. Work? 
A. If the National Teachers Examination qualified them, 
No, I wouldn’t know.

Q. The State of North Carolina would permit one to
— 115-

work under a probationary certificate? A. The State of 
North Carolina would let anybody work that I recom­
mend whether they have a certificate or not.

Q. The State of North Carolina would let anybody work 
whether they have a certificate or not? A. That’s cor­
rect.

Q. As long as you recommend them? A. That’s right. 
They will issue a non-standard.

Q. You could have recommended any of the 14 Negro 
teachers, wouldn’t you? A. I could have.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



346a

Q. Did you lose any white teachers because you inte­
grated the schools? A. I lost some white teachers, yes.

Q. Not because you integrated. A. I wouldn’t swear 
to that.

Q. In fact, every teacher you lost or who was displaced 
because of integration was a Negro teacher, isn’t that 
right? A. You said it, I don’t know.

Court: He’s asking you a question.

A. Excuse me.

Court: Is that correct?

A. I ’d say my reorganization perhaps displaced more than 
integration.

Q. We come out the same way whether we refer to it as
- lie -

reorganization or integration. A. Yes.
Q. Did Mr. Young have a certificate? A. Yes, not based 

on a college degree, though. Mr. Young never attended 
college. He had what we consider a non-standard. Voca­
tional people call it provisional.

Q. What did he teach? A. Bricklaying.
Q. Do you have bricklaying in your school system? A. 

He had two students last year.
Q. Do you have bricklaying in the school system this 

year? A. No.
Q. Do you have a vocational program? A. Yes, we have 

nine programs but we do not have bricklaying.
Q. You don’t have bricklaying? A. No. When the State 

recommended it I discontinued it in the middle of the year- 
last year because we only had two students interested.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



347a

Court: It’s right hard to do. Have you ever tried 
to lay any brick? I have. Winston Churchill laid 
brick just for fun.

Q. Isn’t it true, Mr. Randall, that the regulations of the 
State require that if you have available certified teachers 
that the Board not employ non-certified teachers? A. I ’m 
not familiar with that regulation.

— 117—
Q. Isn’t it a regulation? A. I have never heard of it. 

In fact, the State sends us a pay scale for non-certified 
people.

Hugh D. Randall—for Plaintiffs—Recalled—Direct

Court: As I understand it, the only uncertified 
ones were the ones engaged with the trainable 
students ?

A. That’s correct.

Court: And do the plaintiffs contend that the dis­
placed Negro teachers could have taught the train- 
able children, is that right?

Mr. Chambers: We contend first of all, Your 
Honor, that Mrs. Wigfall is a certified teacher whom 
the Superintendent admits—

Court: For trainable students?
Mr. Chambers: She’s certified to teach trainable 

children. I think that she was teaching, according 
to the Superintendent, educatable children but she 
could also teach and is certified to teach trainable 
children, and the Superintendent stated that he did 
not consider her for trainable children.

A. No, I did not.



348a

Court: Let me follow that up a little hit. She 
was teaching educatable children?

A. Yes.
—1 1 8 -

Court: She is certified to teach educatable and 
trainable, right?

A. I don’t think there’s a certificate known as a special 
education certificate. I may be wrong. You’re either a 
speech teacher or some other catagory of defect, we’d have 
to look that up. It’s true we hired Mrs. Wigfall and 1 
assigned her the educatable group, not because she was 
certified.

Q. Would you repeat that? A. I assigned her the edu­
catable group Ninth Avenue School last year.

Q. Wasn’t she certified to teach trainable children? A. 
You can be certified to teach trainable children.

Q. Wasn’t she certified to teach trainable children? A. 
We don’t require certificates to teach trainable children.

Court: So it’s fair to say, then, that Mrs. Wigfall 
was certainly eligible to teach trainable children.

A. Oh, yes, anybody over 21 years of age is eligible.
Q. Any of the 14 teachers— A. They expect me to 

select a person who can do it.

Court: And I ’ve forgotten now, instead of select­
ing Mrs. Wigfall you selected, do you remember 
who?

A. Yes. I have a Mrs. James, Mrs. Wiggins, Mrs. Robin­
son and Mrs. Skaggs in trainable children.

Hugh D. Randall—for Plaintiffs—Recalled—Direct



349a

Hugh I). Randall—for Plaintiffs—Recalled—Direct
- 1 1 9 -

Court: Mrs. Robinson—

A. You won’t find four better in the State.
Q. They are certified? A. Not all are certified.
Q. All have class A Certificates? A. No.
Q. Mrs. Robinson has a primary certificate? A. Right. 
Q. Miss Miller has an elementary A Certificate? A. 

Miss Miller is not in trainable children.
Q. Why did you turn Miss Miller down? A. For what? 
Q. For trainable children. A. I didn’t consider her for 

trainable children.
Q. Why didn’t you consider her for trainable children? 

A. I ’ve got her in special education.

Court: She was employed, wasn’t she!

A. Yes.

Court: So is Mrs. Robinson employed?

A. Yes.
Q. But not Mrs. Wigfall? A. No, not Mrs. Wigfall.
Q. You could have considered each of these 14 teachers 

for the trainable positions ? A. Sure could have, yes.
— 120—

Q. And you stated that you would not require a cer­
tificate. A. That’s right.

Q. For this area. A. Right.
Q. Each of these 14 teachers had finished college, had 

they not, with the exception of Mr. Young? A. Oh, yes, I 
believe so.

Q. And you are looking for quality education, aren’t 
you? A. Based on what, degree only?



350a

Q. Based on qualifications? A. Yes, I ’m looking for 
quality teachers all the time.

Q. One would normally assume that some educational 
training would be better than none. A. One would nor­
mally assume, yes.

Q. Mr. Randall, did you consider Mr. Anderson for one 
of the principal positions? A. I did.

Q. Which position? A. The Rosa Edwards position.
Q. You preferred the principal named over Mr. Ander­

son? A. I could say yes but Mr. Anderson was relieved 
at his request. He said he’d rather do the other, the At­
tendance Counsellor and as aide to me.

Q. He’d rather do the other than be considered or em­
ployed? A. Yes, he’d rather he assistant to me than prin­
cipal of Rosa Edwards.

— 121—

Q. As Attendance Officer? A. That’s right.
Q. Than be principal of Rosa Edwards? A. Right.
Q. Would you tell the Court the functions of the At­

tendance Officer? A. I can briefly tell you.

Court: Before we get into this, Mr. Anderson, I 
thought, went somewhere else.

A. He did.

Court: When did he do that?

A. I believe it was along in August. Educational Director 
of the Job Corps in California.

Q. You were going to describe the general functions of 
the Attendance Officer. A. I was going to get you to cor­
rect it to Attendance Counsellor. His first function, of

Hugh D. Randall—for Plaintiffs—Recalled—Direct



351a

course, is to work with children, to keep them from drop­
ping out of school. That was our prime function. The sec­
ond function is to prosecute parents who fail to obey the 
public school attendance law.

Q. Isn’t it more of a Truant Officer? A. No, sir. That’s 
why I asked you to change the title.

Q. Mr. Randall, does Mrs. Jessie James hold either a 
Bachelor of Science or Bachelor of Arts Degree? A. I

— 122—

don’t believe Mrs. Jessie James ever attended college at all.
Q. Does Mrs. Hannah Wiggins hold either of those? A. 

I believe Mrs. Wiggins had a couple of years of college.

Court: Are these the trainable children?

A. Yes, sir.

Mr. Chambers: No further questions.
Court: Handling the trainable children, I gather 

from what you said that it takes just sort of a spe­
cial skill of a person.

A. It takes a person who can appreciate that type of child 
and teach them to go to the bathroom and brush their hair 
and wash their face and not get run over in the street, sort 
of be socially acceptable in the home. It takes someone with 
a great deal of patience and understanding.

Court: You think that particular skill doesn’t nec­
essarily have much relationship to formal degrees 
of education.

A. No, sir, they can’t treat the children.

Hugh D. Randall—for Plaintiff's—Recalled—Direct



352a

Court: More of a temperament.

A. More of a mother away from home, to relieve the mother 
actually in the home long enough to train. The mother 
can’t train them because they’re so closely associated with 
the problem. Not many mothers will punish that type of 
child but punishment is about the only way you can train 
them.

—123—
Q. Mr. Randall, the State of North Carolina doesn’t 

agree with that position, does it, with what you just said? 
A. I ’m sure they do.

Q. Doesn’t the State of North Carolina require one work 
one year and then show certain educational training to be 
certified for this position? A. They approved my pro­
gram.

Hugh D. Randall—for Plaintiffs—Recalled—Direct

Court: That doesn’t answer Mr. Chambers’ ques­
tion, that avoids it.

A. The only way I know whether they disagree with me or 
not is that if they disapprove my program I know that they 
disagree with me.

Q. You stated that the State of North Carolina might 
permit one with no certification at all to teach. A. They 
will.

Q. But I’m saying doesn’t the State of North Carolina 
require that one teach one year and then present certain 
educational training in order to be certified for this posi­
tion? A. In order to be certified, right, but you don’t have 
to have a certified person.

Q. North Carolina requires more training than these 
people you have, don’t they? A. No.



353a

Q. You mean it doesn’t in order for you to receive funds 
or allottment? A. That’s right.

—124—
Q. But not so far as being accredited. A. I have never 

heard of a trainable program being accredited. They ap­
proved my program, is that accredited? In fact, we oper­
ate the first program established in the State of North 
Carolina and we have visitors come to pattern theirs after 
it.

Court: Do many teachers want to teach trainable 
children?

A. No, it’s depressing to most teachers.
Q. You don’t know whether any of these 14 teachers 

wanted to teach trainable children? A. I didn’t ask them.

Mr. Chambers: No further questions.

Mrs. Evelyn D. Petty—for Plaintiffs—Direct

M bs. E velyn D. Petty, having first been duly sworn, was 
examined and testified as follows:

Direct Examination by Mr. Daley:
Q. What is your name, please? A. Evelyn Davenport- 

Petty.
Q. Mrs. Petty, where is your home? A. Mill Spring, 

North Carolina.
Q. Is that in Polk County? A. Polk County.

—125—
Q. Have you been employed in the school system of 

Hendersonville? A. I was employed in that system for 
two years.



354a

Q. What school did you teach in and what subjects did 
you teach? A. I taught at the Ninth Avenue School, Eng­
lish, French and one Civics class.

Q. What are your qualifications in regards to schools or 
degrees? A. I have a Bachelor of Arts Degree from John­
son C. Smith University in Charlotte; I have done two 
summers of graduate work at North Carolina College and 
I have attended a French Institute at the University of 
Tennessee at Knoxville.

Q. You have a major in English? A. Yes, and a minor 
in French.

Q. Now, Mrs. Petty, were you teaching in Henderson­
ville Ninth Avenue School up until the latter part of May 
or the 1st of June, 1965? A. I was.

Q. Then you had taught there for the school year of 
1964-65? A. Yes.

Q. And then the previous school year of 63 and 64? A. 
Yes.

Q. Now, Mrs. Petty, you are not teaching there now? 
A. No, I am not.

—126—
Q. All right. Now, why are you not teaching at the 

Ninth Avenue School, if you know? A. Well, we were in­
formed that our services. . . .

Q. You can’t say we, tell what you. . . .  A. I was in­
formed my services wouldn’t be needed because the high 
school was being done away with.

Q. Who informed you? A. We were told through our 
principal.

Q. When were you given this information? A. Some­
time before school closed.

Q. Were you given this information in writing? A. No.

Mrs. Evelyn D. Petty-—for Plaintiffs—Direct



355a

Q. Were you given it in a meeting informally or for­
mally? A. In a faculty meeting.

Q. And this was done by Mr. Anderson, your then prin­
cipal? A. Yes.

Q. Was that a statement that he was referring to the 
entire group, faculty, high school faculty? A. Yes.

Q. Did he say that all of you would not be employed? 
A. No, he didn’t say that at that time.

Q. Do you recall what he did say? A. He said that 
some people would be hired.

Q. Did he call any names? A. No.
—127—

Q. Did he say that he would be employed? A. He said 
he had been offered a job.

Q. Did he tell you what the job was? A. He said as 
principal at Eosa Edwards.

Q. Mrs. Petty, do you know Mr. Randall? A. Yes.
Q. Did you know him the two years that you were at the 

Ninth Avenue School? A. I did.
Q. Upon what occasion did you see him? A. Well, he 

has been to the school a few times. I don’t remember when 
I first saw him—at one of the programs, I think.

Q. Did he ever visit your classroom? A. No.
Q. During the two years that you were there did Mr. 

Randall ever visit your classroom? A. No.
Q. Now, Mrs. Petty, did you have a conversation in per­

son with Mr. Randall prior to your severing relationship 
with the Ninth Avenue School? A. Yes.

Q. Where and under what circumstances did this take 
place? A. That was in his office when I went down to see 
about business for the senior class.

Mrs. Evelyn D. Petty—for Plaintiffs—Direct



356a

Mrs. Evelyn D. Petty—for Plaintiffs—Direct
—128—

Q. You went down to see about the music for the senior 
class! A. Business for the senior class.

Q. When was this, Mrs. Petty! A. I would say during 
the last month of school.

Q. What, if anything, took place in the way of conversa­
tion concerning the severance of your job? A. Well, I was 
told that I would not be needed.

Q. Who told you that! A. Mr. Randall.
Q. And that was prior to commencement! A. Yes.
Q. Had you had any official notice that Mr. Anderson 

had this meeting prior to this time! Had you had this in­
formation that you referred to from Mr. Anderson before 
this! A. No.

Q. This was the first time! A. Yes.
Q. Mr. Randall did not send for you upon this occa­

sion! A. No, he didn’t.
Q. You just happened to go there for supplies or for 

business! A. Yes.
Q. And you were told that by him! A. Yes.
Q. Did he tell you why! A. No.
Q. And did Mr. Randall explain to you the reason that

—129—
your services would not be needed! A. No, not exactly.

Q. What, if anything, did he say! A. He said some 
teachers would be recommended for certain positions but 
at that time he didn’t know exactly how many. They were 
working on the plan then and some teachers would be em­
ployed and at that time I think I recall saying to him that 
teachers would probably like to know because I don’t think 
at the time anybody knew definitely that they would be 
hired.

Q. And what was his response to that! A. I said that 
he said that some teachers would be hired. He said he was



357a

going to meet with the teachers to tell them or to give them 
that information.

Q. Did he meet? A. Yes, he did.
Q. When was that? A. About the last day of school, as 

best I can recall.
Q. Now, at the time you talked to Mr. Randall in his of­

fice was anybody else present? A. No.
Q. Did you discuss your qualifications with him! A. No.
Q. Did he ask you any questions concerning your qualifi­

cations? A. No.
—130—

Q. Did he ask you any questions concerning your philos­
ophy of life or education? A. No.

Q. Did he ask you any questions concerning your love for 
children? A. No.

Q. Did he ask you any questions concerning your emo­
tional stability? A. No.

Q. How were you dressed upon this occasion, Mrs. Petty, 
do you recall? A. I had on a black sleeveless dress with 
an Empire waist.

Q. Were you neat and clean? A. Yes.
Q. Did he mention that? A. No.

Mr. Daley: You may examine.
Mr. Prince : You may come down.
Mr. Daley: Just one question, please.

Q. You had worked and performed your duties according 
to your profession? A. Yes.

Mrs. Evelyn D. Petty—for Plaintiffs—Direct

Mr. Daley: Come on down.



358a

M rs. L oree G. J ackson, having first been duly sworn, was
—131—

examined and testified as follows:

Direct Examination by Mr. Daley:

Q. What is your name, please? A. Loree Griffin Jack- 
son.

Q. Mrs. Jackson, where do you live? A. In Henderson­
ville.

Q. Is that your home? A. It is.
Q. Mrs. Jackson, were you ever employed by the City 

School System of Hendersonville, North Carolina? A. 
Yes.

Q. When and where? A. At the Ninth Avenue School 
for the past five years.

Q. What did you teach? A. Science—would you like for 
me to list the subjects?

Q. Yes. A. Science, I have taught Chemistry, Biology, 
Physics, General Science, Geometry, Algebra and General 
Math, and at one time a course in United States History.

Q. Do you have a degree? A. Yes.
Q. From where? A. Shaw University.

—132—
Q. Do you have a certificate? A. Yes.
Q. What is the nature of that certificate? A. It’s a Class 

A Science Certificate.
Q. Now, Mrs. Jackson, you’re not working at Ninth 

Avenue now? A. No, I am not.
Q. When were you notified that your job terminated 

there? A. Well, the day before the teachers left school, 
our last day of school, Mr. Randall came to the school to 
inform us that he would, on the next day, send for the 
teachers who he would need the following year. The next

Mrs. Loree G. Jackson—for Plaintiffs—Direct



359a

day he did send for those teachers. I was not one who was 
sent for and I knew then I was not employed.

Q. Did he tell yon upon the next to the last day of school 
when he visited Ninth Avenue that you would not be one 
of the ones? A. No, no one was told definitely.

Q. Now, did Mr. Randall ever have a conference with you 
concerning your job? A. No.

Q. Did he ever visit your classroom? A. He came by to 
get information as to the number in a particular class, the 
number of students distributed through the classes.

Q. Do you recall when that was? A. I’m sorry I don’t.
—133—

Q. Was that in the last school year you were there? A. 
No, it was not.

Q. Did he ever come to your room to observe your teach­
ing? A. Not to observe. I might add that the first year he 
came, the first year I was there he came and helped to re­
move from the class the students who were not eligible for 
taking Physics.

Q. That was the first year? A. Yes.
Q. Then when did you see Mr. Randall again in your 

classroom? A. He came by with the principal to check on 
the, I think it was the students, the locality in which stu­
dents lived.

Q. Do you recall what year that was? A. That was in 
the spring of this year.

Q. And then, according to your best recollection, you did 
not see Mr. Randall in or around your classroom from, say 
the first year you were there until the last year you left, is 
that right? A. Oh, no. I saw him the first year and then 
I don’t remember the second year but during another year, 
as the years have passed, he did stop in for information as 
to the number of students in each particular class. Then, of

Mrs. Loree G. Jackson—for Plaintiffs—-Direct



360a

course, this particular spring he came in for the other in­
formation that I have given you.

Q. But as far as you know he never came to observe your 
teaching, is that right? A. He didn’t come for observa-

—134—
tional purposes.

Q. Now, Mrs. Jackson, concerning your leaving the sys­
tem, did you have an interview with Mr. Randall? A. No.

Q. Have you ever had a personal interview during those 
five years? A. The only personal interview that I had 
with Mr. Randall was upon my seeking employment there. 

Q. The first year you were there? A. That’s right,
Q. He interviewed you and gave you employment? A. 

That is correct.
Q. And did you go to his office then? A. I did.
Q. But when you left there you did not go to his office, 

is that right? A. Not for employment.
Q. You were not invited to his office? A. No.
Q. The only formal knowledge you had was his announce­

ment at the Ninth Avenue School? A. That is correct.
Q. And you never received anything in writing? A. No.

— 135—
Q. And your name was not called in any of the public 

announcements? A. No.

Mr. Daley: You may examine her.
Mr. Prince: No questions.
Mr. Daley: Come down, please.

Mrs. Loree G. Jackson—for Plaintiffs—Direct

Mr. Chambers: Your Honor, may I talk with coun­
sel for defendant?

Court: Yes, sir.



361a

Mr. Chambers: The plaintiffs rest.
Mr. Prince: The defendant rests.
Court: All right, gentlemen, I think I understand 

the contentions pretty well. I ’ll hear argument if 
ou want me to but I believe I can anticipate most 
of the argument from those that were made at the 
last hearing, whatever your pleasure is,

Mr. Prince: I have no desire to argue.
Mr. Chambers: Tour Honor, I just want to call 

one thing to the Court’s attention and that very 
briefly.

Plaintiffs have submitted a memorandum which is 
filed along with their proposed findings of fact. We’d 
like to submit in addition that a School Board faced 
with the problem as the Hendersonville Board of 
Education is now faced should shoulder the respon­
sibility of coming forward with the evidence to show

—136—
that each of the teachers who claims that he or she 
was unjustifiably dismissed or not rehired was prop­
erly not rehired. We make an analogy in which 
the rules that have developed in cases involving 
racial discrimination on juries. The courts have 
made it clear—particularly the North Carolina 
Courts and the Federal Courts—that where the 
plaintiffs, or the defendant in a criminal case as 
that would be, presents a prima facie case the bur- 
de nof going forward shifts to the state or the 
government. This is a necessary shifting of respon­
sibility of burden because the party who is required 
in this instance to produce the evidence has all of 
the evidence available and should do it, and the 
same thing should apply in this instance. The plain­
tiffs do not have the evidence to make a comparison

Colloquy



362a

of the teachers—all of this evidence is with the 
School Board— and we submit that the same rule 
should apply here.

Court: Let’s talk about that a little more. I agree 
with you. I hasten to add that as far as I know we 
are sort of plowing new ground in these cases. I 
don’t know of another one except Judge Michie’s 
case, that is an identical school teacher case like 
this, and I think you’re right. I think when you 
show decimation of Negro teachers that then the 
burden of going forward shifts to the School Board. 
But would you not agree that the ultimate burden

—137—
never shifts, the burden of proof stays on you. Let’s 
illustrate it a little bit. If you show 24 Negro 
teachers one year, 8 the next, and they don’t show 
anything, we come to Court and nobody says any­
thing, then you contend and I think I agree with 
you judgment for plaintiffs, just sort of prima 
facie. This is an incredible decimation of teachers 
and there must be some reason for it and the School 
Board has given no reason and therefore it must 
be racial discrimination. Now, when they do as­
sume the burden of going forward, as has been done 
here—I’m not ruling on how well it was carried but 
certainly they have assumed the burden of going- 
forward—how far have they got to go? If they put 
my mind in doubt, isn’t that enough from the 
School Board’s viewpoint?

Mr. Chambers: I submit not. In this connection 
—I wanted to divert for just a moment to submit 
that I have noted that in several instances courts 
have stated that a School Board has no duty at all

Colloquy



363a

to the teachers, that it can refuse to hire a teacher 
for any reason it sees fit except race, and I submit 
this is indirect. Every governmental agency has a 
responsibility to each citizen to act and accord due 
process to each citizen. The Supreme Court has 
considered this issue in several cases dealing with 
pleas of Fifth Amendment privileges.

Court: You’re referring to something that I said
—138—

in the Morganton case and let me tell you where I 
got that from. I may be wrong. I’ll be very in­
terested to find out from the Fourth Circuit. I got 
that by analogy to labor relations law and I haven’t 
been in touch with it in the last decade. You’re 
much more familiar with recent developments than 
I am, hut I am very confiident it used to he the 
law that an employer could refuse to hire anybody 
with red hair, he could refuse to hire anybody who 
wore red ties or red socks, he could refuse to hire 
anybody for any reason however silly or for no 
reason at all, hut he couldn’t refuse to hire some­
body because they were trying to get a labor con­
tract. That’s the reason I remember labor relations 
law. I make the same analogy here. No citizen has 
the right to be employed by government, there isn’t 
any such right. There is a right to be treated fairly 
in being considered for employment. You think the 
analogy is not an analogy?

Mr. Chambers: I ’m sure the Court wouldn’t say 
that a State Agency or the Federal Government 
could refuse to hire someone because he had red 
hair or wore red neckties or socks.

Court: No, you’re right.

Colloquy



364a

Mr. Chambers: We have to consider the employer.
Court: It’s a difference, you’re right about that 

certainly. The State couldn’t act capriciously or 
arbitrarily.

—139—
Mr. Chambers: We come to really an issue of 

grave importance here where we turn to the Court 
in an area involving Civil Eights for relief, submit­
ting to the Court that principles we suggest should 
govern, should be carefully considered by the Court 
so that the Court can serve as a functionary in this 
changing development. We have seen people who 
have said that they cannot seek the relief that they 
think they are entitled to in court because the Court 
would not consider their palticular pleas. We do not 
suggest that the Court should consider illegal evi­
dence or matters that we have not generally con­
sidered as properly admissible or matters that 
should be considered by the Court in determining the 
results in particular cases. We are submitting that 
the Court should consider matters that would enable 
the Court to serve as an agency in this developing 
racial struggle because when a people get to a point 
where they cannot or do not feel they can go to the 
court and receive an ear of the Court, just receive an 
ear regardless of the results, they take to other forms 
and the Court has seen this in many instances. We 
have seen it in 1961, we saw it in 1964 and we see it 
this year. The matter that we bring to the Court to­
day is a matter that could also result in different 
methods for people to try to seek rights that they 
think they are entitled to, and all that we ask here 
is that the Court lend an ear. We submit that, going

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365a

back to the question the Court posed originally where
—140—

we consider the shifting of burden, that the mere fact 
that the Schol Board comes back with some evidence 
or some statement to say that this is the reason why 
we did not retain this particular person, that this 
evidence or this reason must also be a justifiable 
reason. It must be a reason that will accord the 
Negro teachers due process and equal protection and 
and our burden, we submit, after the School Board 
has come back with the reasons, is only to show, if 
we can, that the reasons that the School Board sug­
gests are inadequate or do not accord due process.

Now, I just want to take one instance and that’s 
in the instance of the Special Education instructor. 
We heard the school official state that they were 
trying to establish standards for schools. All of us 
are trying to advance the qualifications of the school 
system. The school official stated that he did not 
consider three Negro teachers because they did not 
have an A Certificate, they had probationary certifi­
cates. The school official admitted that two teachers 
they retained in the system had no certificates at all, 
in fact, no college degree, and the school official ad­
mitted that either of the 14 teachers involved could 
have been considered for one of these positions but 
he didn’t consider them. Why? This goes again to 
the same thing that the North Carolina Supreme

—Ill-
Court referred to in the jury case I was talking 
about where it says that where the burden shifts to 
the State the State must go forward with enough 
evidence to properly enable the Court to make

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366a

proper findings of fact. I submit that the Court 
here does not have the evidence before it that would 
enable it to properly find that the School Board 
did not consider the other teachers for this position 
and didn’t interview the ones that it might have.

Court: And yet I can’t help wondering—and I 
don’t know—I just can’t help wondering if any one 
of these teachers who was not hired would really 
like to teach these trainable students. I don’t know. 
Nobody offered any evidence about it.

Mr. Chambers: We submit that this should have 
been the question of the School Board. We were 
unable to find the whereabouts of all of the teachers 
but according to my information two of the teachers 
are now working with the migrant children in Hen­
dersonville. Mrs. Bouse is there. Mrs. Marsh is 
there. According to my information some of the 
teachers are presently unemployed, or we don’t 
know.

Court: Two of them according to the exhibit, or 
at least their location is unknown, don’t know whether 
they are employed or not.

Mr. Chambers: And regardless of whether the 
Special Education position would be one that they

—142—
would be certified to work in, I don’t see how one 
teacher without a job would not be interested in 
working.

Court: I don’t want to frighten the School Board 
by this series of questions unnecessarily but have 
you thought about the alternatives involved? As­
suming for the moment, just assume that I decide 
the case all the way for the plaintiffs, just a clean

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367a

sweep, all the way, there are more problems than a 
show dog can jump over in that hypothesis, it seems 
to me, unanswered problems. Can I order this 
School Board to hire 14 teachers with there being 
no evidence that they need 14 teachers ? Can I order 
the School Board to fire 14 white teachers who are 
not parties to this proceeding and haven’t had a 
chance to he heard on whether they were lawfully 
hired or are competent and capable! The School 
Board doesn’t pay but about 40 of the teachers, as 
I understand it. The State pays the others. Can 
this Court order the State of North Carolina to pay 
a given teacher when the Attorney General has 
never been a party to this case? I can think of some 
more but those are just off the top of my head. You 
have more problems than a show dog will jump 
over if you won it.

Mr. Chambers: Your Honor, I think Judge Michie 
experienced that same problem although the prob­
lem really isn’t that great for the 14 Negro teachers.

Court: But what you’ve got in the Michie case
—143—

is so innocuous, really. You didn’t get a thing in the 
world in the Michie case that isn’t incumbent on this 
School Board anyway, as I read the opinion. If any 
one of these teachers applies next year, I think this 
School Board knows now that they have got to be 
fairly considered if they did not know it before, 
and I ’m not saying they didn’t.

Mr. Chambers: Assuming that we have two indi­
viduals, one against whom a State Agency discrim­
inates and another who is advanced to a position

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368a

because of the wrongful act of the State Agency, is 
this person to be deprived of relief ? Am I to benefit 
because of the wrongful act of the State?

Court: Well, of course if you assume that then 
I ’ve got to give you the answer. Of course not. 
There’s got to be a remedy somehow7. But I ’ll reply 
with a question to you, can there be the remedy in 
this lawsuit with this alignment of parties? I don’t 
see how it is possible. You would have to join the 
Attorney General, I would think. I would think you 
would have to join the white teachers before you 
could displace them. It’s just ordinary due process. 
If I say hire Mrs. Petty, who certainly seems to be 
an able teacher, and let her take Mrs. Jones place, 
hasn’t Mrs. Jones got a right to be heard?

Mr. Chambers: Why shouldn’t Mrs. Jones be re­
quired to do what Mrs. Petty did?

—1 4 4 -
Court: This would be the Court doing it to her 

now. I think courts above all other people ought to 
accord due process.

Mr. Chambers: I agree. This is a very hard 
problem, of course, but this is the basis, we submit, 
for our being in court today. The School Board 
wasn’t going to sit up there in Hendersonville and 
say, we’re going to let 14 white teachers go and put 
14 Negro teachers here. This is the problem and it 
is the same problem, we submit, that the Court will 
be faced v7ith,

Court: Well, apparently, I don’t want to tie you 
down to it but I believe we sort of agree that if the 
plaintiffs prevail the relief would have to be shaped

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369a

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some way along the lines of what Judge Michie did, 
as far as I can see, without joining new parties and 
starting over. I shudder to think of such a thing 
as that.

All right, Mr. Prince, you want to be heard?
Mr. Prince: I just like to make this statement to 

the Coui't. This School Board, which is the defen­
dant in this case, has gone as far as any School 
Board in the United States to give the Negroes their 
rights, as far as any one of them. We have fully 
integrated the schools over there, we have done it 
without any untoward incidents of any kind. We 
integrated them on freedom of choice. There’s not 
been one incident where any one of them has been 
denied any right that they have. When we went

—145—
into this, we took those teachers and hired every 
one the school could hire in good conscience. We 
took the first four categories and one out of the 
fifth category. We tried in our way to hire the 
teachers who could meet the competition and these 
teachers were meeting the competition of 85 appli­
cations. According to the Michie decision, that’s 
what we had to do. There were only out of 20 that 
could be considered, then to employ 34 we employed 
12 of them, and we set out here to try to make an 
all out effort to provide an adequate education for 
all the children. We have been harrassed by these 
lawsuits without any effort made to see what the 
situation is. None of them has ever said a word to 
any of us. We have given the Court all the infor­
mation we had. The record speaks out completely, 
conclusively, these evaluations here, if you’re going



370a

to give any weight to them at all, if white people 
would bring this suit they would be laughed out of 
court.

Mr. Daley: Your Honor, I ’d like to protect my­
self against Brother Prince and I don’t agree with 
the last statements that there’s been no effort. I 
have met you on halfway ground—

Mr. Prince: Mr. Daley has been as courteous to 
me as a man could be and so has Mr. Chambers.

Mr. Daley: Another thing, it’s not a matter of
- 1 4 6 -

how far they’ve come, it’s a matter of how far they 
had to come. This is the kind of a position that a 
good person sometimes finds themselves in. It’s 
almost like stooping down to help a man when you 
find a man laying on the ground. I tell the story, 
I was down at the hotel and I came around the 
corner from the elevator. There had been a conven­
tion there and there was a drunk there, a local man 
in this city that I knew, and he was real soiled, his 
clothes and all, and I attempted to pick him up and 
tell him I ’d like to get him out of the way so nobody 
else would see him, and he said, you son of a gun, 
you’re trying to rob me. They’ve done a little some­
thing that’s good, but they started and they didn’t 
go far enough and they discriminated against these 
14 people, and that’s our lawsuit.

Court: And you’re not trying to rob them.
Mr. Daley: And I ’m not trying to rob them. They 

have discriminated against 14 teachers. Now, that’s 
what Your Honor’s got before you. Were these 
people wrongfully deprived of their jobs? That’s

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our case.



371a

Court: Well, gentlemen, thank you, both of you, 
so much for helping me. You really have helped. 
We’ve got a wealth of material here. I felt I couldn’t 
decide this case on the basis of the prior record. 
I certainly appreciate your cooperation and your 
help.

We’ll adjourn court and resume in chambers.

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