Seek Public Education for Mississippi Negro Orphans

    10 Columbus Circle . 
New York, N.Y. 10019 | 
JUdson 6-8397 

NAACP 

Legal Defense and Educational Fund 
PRESS RELEASE 
President 

Dr. Allan Knight Chalmers FOR RELEASE 
Director-Counsel Tuesday 

Jack Greenberg September 14, 1965 

SEEK PUBLIC EDUCATION FOR 
MISSISSIPPI NEGRO ORPHANS 

Legal Defense Fund Files in Federal District Court 

JACKSON, Miss.--A Mississippi war against some 7,000 orphans-- 

most of whom ere Negro, was challenged here today in U.S. Dis- 

trict Court by the NAACP Legal Defense and Educational Fund, Inc. 

Mississippi's legislature quietly passed a law this summer 

calling for tuition payments up to $360.75 a year for children 

whose parents do not live in the state. 

The law thwarts broad school integration called for by the 

Civil Rights Act of 1964. 

Among the 31 Negro children plaintiffs cited in the Legal 

Defense Fund's complaint, were some whose "father is dead, mother 

unknown...mother and father dead...mother and father unknown, 

etc." 

Parents of other Negro youngsters have left Mississippi, 

which has the lowest per capita income in the nation, to seek 

employment elsewhere. 

Jack Greenberg, director-counsel of the Legal Defense Fund, 

said in New York City today that "this is our answer to 

Mississippi's war on oxphans." 

"We hope the whole country will join us in condemning an 

act of unparalled cruelty to children, which hurts Mississippi, 

as much as the rest of the country." 

The Legal Defense Fund complaint charges that: 

*The law is unconstitutional in that Mississippi provides 

tuition for any child to attend private schools, which in fact 

are closed to Negroes. 

(more) 

Jesse DeVore, Jr., Director of Public Information—Night Number 212 Riverside 9-8 



Seek Public Education For September 14, 1965 4 
Mississippi Negro Orphans 

But, on the other hand, Mississippi conditions attendance 

at public schools upon peyment of tuition; yet, provides no 

source for securing financial aid. 

*The estimated 7,000 children immediately affected are 

paupers, 

*The statute denies these children equal protection under 

law because it denies them public education, which all American 

citizens are entitled to. 

*The law makes distinction between children because they 

have no control over their situation. Thus, it becomes class 

legislation against poor Negro children. All plaintiffs in the 

Legal Defense Fund case are Negroes. 

*It is a burden on parents because they must pay a tax in 

the event they decide to travel or move outside the state and 

leave children behind temporarily or for long periods. 

The Legal Defense Fund complaint was filed in behalf of 31 

Negro children from Holmes County. Henry Aronson, local Fund 

attorney, pointed out that 305 Holmes County Negro children 

exercised their right under "freedom of choice" and enrolled 

in previously white schools. 

Mr. Aronson says that 116 have been stopped by the law and 

189 are now attending the white schcols. However, Holmes County 

whites are now boycotting the three schools involved, 

Mr. Greenberg today released a wire that was sent last week 

to Francis Keppel, Commissioner of Education, Department of 

Health, Education and Welfare, Washington, D.C. 

Full text of the Greenberg wire follows: 

Serious problem now emerging in Mississippi under new 
state statute passed in last special session for dealing 
with Civil Rights Act. Mississippi Senate Bill No. 1516 
provides no child shall be enrolled in any grade level 
whose parent is not in actual physical residence in State 
of Mississippi without payment of tuition. Although 
small number Mississippi schools have opened so far, our 
lawyers have already received complaints of almost 300 
Negro children being excluded from schools. By time 

(more) 



Seek Public Education For 
Mississippi Negro Orphans -3- September 14, 1965 

school opens thousands should be affected. Law hits 
and was designed to hit large number Negro children 
whose parents have left state to seek economic oppor- 
tunity elsewhere and have left children with grand- 
parents or relatives. Few white children affected. 
Law usually not enforced against Negro children who 
remain in Negro schools. In many cases law is applied 
under freedom of choice plan which requires parent to 
accompany children to school. When no parent in state 
tuition is requested. In view of the class of children 
against whom law is directed and in view of its having 
been passed legislative session designed to respond to 
Civil Rights Act, its discriminatory nature and uncon- 
stitutionality obvious. We hope Department of Health, 
Education and Welfare will strike down this last minute 
attempt to intimidate many Negroes from exercising con= 
stitutional rights. Litigation probably too slow to 
prevent thousands of Negro children from being excluded 
from all schools this year. Only wholesale administra- 
tive enforcement can prevent serious widespread damage. 

Jack Greenberg 
Director-Counsel 

EDITOR'S NOTE: For firsthand information contact Attorney Henry 

Aronson or Marian Wright, Jackson, Mississippi, 

Area Code 601, 352-8243,