Motion of Natchez Special Municipal Separate School District to Amend Desegregation Plan; Order

    WATKINS & EAGER 

WILLIAM Hh. WATKINS ATTORNEYS AND COUNSELORS AT LAW 

1895-1959 800 BANKERS TRUST PLAZA BUILDING AREA CODE 660i 

2948-6470 

  

PAT H. FAGER, JR. 
P. O. BOX 650 

THOMAS H. WATKINS JACKSON, MISSISSIPPI 39205 
ELIZABETH HULEN 

WM. E. SUDDATH, JR. 

WM. F. GOODMAN, JR. 

JAMES A. BECKER, JR. 

JOE W. HOBBS December 4, 1969 
H.H, WHITWORTH 

W. THAD COCHRAN 

Honorable Edward W. Wadsworth, Clerk 

United States Court of Appeals 

Fifth Circuit 

Room 408 - 400 Royal Street 

New Orleans, Louisana 

RE: United States of America v. Natchez Special 

Municipal Separate School District 

Nos. 28030 and 28042 

Dear Mr. Wadsworth: 

As one of the attorneys for Natchez Special Municipal 

Separate School District, I am enclosing the original and three 

copies of a motion to zmend desegregation plan and a proposed 

order making said amendment. 

Trusting that you will see that these are properly 

filed and called to the attention of the proper panel of the 

Court, 1 remain 

Sincerely, 

  

THW:mb 
encls. 
Copies to all Parties shown in 
Certificate to Motion 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

UNITED STATES OF AMERICA 

VS. 

NATCHEZ SPECIAL MUNICIPAL 

SEPARATE SCHOOL DISTRICT NOS. 28030 = 28042 

MOTION OF NATCHEZ SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICT 

ReCupaote TO AMEND DESEGREGATION PLAN 
  

The Natchez Special Municipal Separate School District moves 

this Court to amend and modify, in the following respects, the 

desegregation plan ordered by this Court on November 7, 1969. 

1. Addendum A, which appears in the original desegregation 

plan, but does not appear in the copy of the plan filed with this 

Court, should be deleted. | 

2. Numbered pages 3 through 6 of the plan should be deleted, 

and in lieu thereof the following should be substituted: 

NATCHEZ ~- ADAMS COUNTY PUBLIC SCHOOL DISTRICT 

II. 

RECOMMENDATIONS FOR SCHOOL DESEGREGATION 

In order to bring about a unitary school system in which 

schools are not identifiable by race, the following recommendations, 

to be effective on January lst, 1970, are submitted: 

A. The elementary schools of the district serving grades one through 

six shall be organized as follows: 

MORGANTOWN, CENTRAL, AND WASHINGTON ELEMENTARY SCHOOL ZONE 

From the intersection of Liberty Road and the Adams-Franklin 

county line, proceed in a westerly direction along Liberty Road 

to the city limits; follow the city limits northerly to its point 

of intersection with the County Supervisors' line between Districts 

4 and 5; proceed north on County Supervisors' line between Districts 

4 and 5 to the county line; proceed east and south along the county 

line to the point of Origin. 

 



  

The schools in this zone will be composed of the following 

grade levels: 

First and second grades at Morgantown 

Third and fourth grades at Central 

Fifth and sixth grades at Washington 

NORTHSIDE, CARPENTER I, AND PRINCE STREET ELEMENTARY SCHOOL ZONE 

In the county, from the point where the County Supervisors’ 

line between Districts 4 and 5 intersects the northerly line of 

Adams County, proceed in a northwest direction along county line 

to Mississippi River; follow Mississippi River south to city 

limits; follow city limits in an easterly direction to its inter- 

section with the line between Supervisors' Districts 4 and 5; 

follow the line between Supervisors' Districts 4 and 5 north to 

the point of origin. 

In the city, beginning at a point where the Mississippi 

River is intersected by the line of Madison Street extended in a 

westerly direction, proceed in an easterly direction up the line 

of Madison Street extended and Madison Street to Pine Street; 

proceed north up Pine Street to Minor Street; proceed southeast 

on Minor Street to the bayou, follow the bayou to D'Evereux 

Drive, proceed east on D'Evereux Drive to the city limits; follow 

the city limits northwesterly to the Mississippi River; follow 

the Mississippi River southwardly to the point of origin. 

The schools in this zone will be composed of the following 

grade levels: 

First grade at Prince Street 

Second grade at Carpenter 1 

Third, fourth and fifth grades at Northside 

The sixth grade students in this school 
zone will attend the Braden Elementary 

~ School. 

 



  

BRADEN, BRUMFIELD, CARPENTER II, AND WEST ELEMENTARY SCHOOL ZONE 

In the county, from the intersection of the Liberty Road 

and the city limits, follow the Liberty Road in a southeasterly 

direction to the county line; proceed south and west along county 

line to Mississippi River; follow Mississippi River north to the 

city limits; follow the city limits east and north to point of 

origin. 

In the city, beginning at a point where the Mississippi 

River is intersected by the line of Madison Street extended in a 

westerly direction, proceed in an easterly direction up the line 

of Madison Street extended and Madison Street to Pine Street; 

proceed north up Pine Street to Minor Street; proceed southeast 

on Minor Street to the bayou, follow the bayou to D'Evereux 

Drive; proceed west on D'Evereux Drive to Junkin Street; proceed 

south on Junkin Street to Melrose Avenue; follow Melrose Avenue 

in a southerly direction to Ratcliff Street; proceed west on 

Ratcliff Street to unnamed bayou, south on unnamed bayou to John R. 

Junkin Drive; proceed south on John R. Junkin Drive to city limits; 

follow city limits in a westerly direction to Mississippi River; 

proceed North on Mississippi River to point of origin. 

The schools in this zone will be composed of the following 

grade levels: 

First grade at Carpenter II 

Grades two and three at Brumfield 

Grades four and five at West 

Grade six at Braden 

MONTEBELLO ELEMENTARY SCHOOL ZONE 

From a point where St. Catherine Creek intersects U. S. 

Highway 61 North, proceed west on Highway 61 North, D'Evereux Drive 

and St, Catherine Street to Junkin Street; south on Junkin Street 

 



    

  

to Melrose Avenue; follow Melrose Avenue in a southerly direction 

to Ratcliff Street; proceed west on Ratcliff Street to unnamed 

bayou; proceed south on unnamed bayou to John R. Junkin Drive; 

proceed south on John R. Junkin Drive to St. Catherine Creek; 

follow St. Catherine Creek in a northerly direction to point of 

origin. | 

This school will serve grades one, two, three, 

four, five and six, 

B. The junior high schools of the district, serving grades seven, 

eight and nine, shall be organized as follows: 

MORGANTOWN JUNIOR HIGH SCHOOL ZONE 

From the intersection of U. S. Highway 84 and the Adams- 

Franklin County line proceed along U. S. Highway 84 west to Duck 

Pond Road; proceed south on Duck Pond Road to Liberty Road; proceed 

west on Liberty Road to city limits; proceed northwest along city 

limits to County Supervisors' line between Districts 4 and 5; 

PECCeas north on County Supervisors' line to county line; proceed 

east and south along the county line to the point of origin. 

The Morgantown Junior High School will serve grades 

seven, eight and nine in this zone. 

THOMPSON JUNIOR HIGH SCHOOL ZONE 

In the county, from the intersection of the line between 

County Supervisors' Districts 4 and 5 and the county line, proceed 

north and west along county line to Mississippi River; proceed 

south on Mississippi River, following the State line, to city 

limits; follow city limits east to its intersection with the line 

between County Supervisors' Districts 4 and 5; proceed north along 

the line between County Supervisors' Districts 4 and 5 to point 

of origin. 

In the city, from the point where the line of Franklin Street 

extended in a westerly direction intersects the Mississippi River, 

 



FEST FE —————— —— 

  

proceed in an easterly direction up the line of Franklin Street 

extended. and Franklin Street and the Liberty Road to the city 

limits; proceed north and west on city limits to Mississippi River; 

proceed south on Mississippi River to point of origin. 

The Thompson Junior High School will serve grades 

seven, eight and nine in this zone. 

MONTEBELLO JUNIOR HIGH SCHOOL ZONE 

In the county, from the intersection of the Adams-Franklin 

County line and Deerfield Road, proceed west on Deerfield Road 

to Kingston Road; follow Kingston Road to U. S. Highway 61 South; 

proceed north on Highway 61 South to the city limits, follow 

city limits north to Liberty Road; proceed east on Liberty Road 

to Duck Pond Road; proceed north on Duck Pond Road to U. S. Highway 

84; proceed aast on Highway 84 to county line; follcw county line 

south to point of origin. 

In the city, from the point where St. Catherine Creek intersects 

Liberty Road, proceed west on Liberty Road and Franklin Street to 

Melrose Avenue; follow Melrose Avenue in a southerly direction 

to Ratcliff Street; proceed west on Ratcliff Street to unnamed 

bayou; proceed south on unnamed bayou to John R. Junkin Drive; 

proceed south on John R. Junkin Drive to St. Catherine Creek; 

follow St. Catherine Creek in a northerly direction to point 

of origin. 

The Montebello Junior High School will serve grades 

seven, eight and nine in this zone. 

MARTIN JUNIOR HIGH SCHOOL ZONE 

In the county, from the point where the Deerfield Road 

intersects the Adams-Franklin County line, proceed in a westerly 

 



  

direction to the Kingston Road; continue west on the Kingston 

Road to U. S. Highway 61 South; continue north on U. S. Highway 

61 South to city limits; follow the city limits in a north- 

westerly direction to the Mississippi River; follow -the Mississippi 

River south to the Adams-Wilkinson county line; follow the Adams 

county line east and north to the point of origin. 

In the city, from a point where the line of Franklin Street 

extended in a westerly direction intersects the Mississippi 

River, proceed east on the line of Franklin Street extended 

and Franklin Street to Melrose Avenue, continue south on Melrose 

Avenue to Ratcliff Street; proceed west on Ratcliff Street to 

an unnamed bayou, continue south on unnamed bayou to John R. 

Junkin Drive, south on John R. Junkin Drive to city limits; 

continue northwest on city limits to Mississippi River, follow 

the Mississippi River north to point of origin. 

The Martin Junior High School will serve grades 

seven, eight and nine in this zone. 

C. The high school of the district, serving grades ten, eleven 

and twelve, shall be organized as follows: 

There shall be one Natchez-Adams County High School, composed 

of a three~building complex. The present Natchez-Adams High School 

building shall serve grades eleven and twelve for the entire district. 

The Anchorage School shall serve grade ten for the entire district. 

The Vocational-Technical School will serve the entire district. 

3. Numbered pages 7 and 8 of the plan should be deleted, 

and in lieu thereof, the following two pages should be substi- 

tuted; 

 



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4. Numbered pages 9 through 12 of the plan should be de- 

leted. 

5. The order of this Court entered on November 7, 1969, 

shall remain otherwise unchanged, except as provided for herein- 

above. 

6. This motion is based upon the following considerations: 

The original desegregation plan ordered by this Court on 

November 7, 1969, contained such serious discrepancies as to be 

practically impossible to put into effect, in that some of the 

geographic zones contained a substantial shortage of students 

and others a substantial excess of students as compared to the 

capacity of the school buildings located within the zones. In 

addition, some of the zone lines were difficult or impossible to 

locate, and a large populated area of the county, containing some 

350 students, was not included in any elementary or junior high 

school zone. 

After the November 7, 1969, order of this Court, these 

discrepancies were pointed out and discussed at length and in 

detail at several conferences between representatives of the 

school district, the U. S. Department of Justice and the U. S. 

Department of Health, Education and Welfare. Recognizing the 

difficulties, the Justice Department requested the Department of 

%ealth, Pducation and Welfare to send a representative to Natchez 

to prepare amendments and alterations to the plan in order to 

correct the discrepancies. 

The amendments and alterations to the plan, hereinabove 

recommended, are those of the representative of the Department 

of Health, Education and Welfare, based upon the additional work 

performed by him in Natchez at the request of the Justice 

Department. 

The proposed amendments and alterations have been submitted 

 



  

to, discussed with, and approved by the representatives of the 

Justice Department. 

WHEREFORE, the Natchez Special Municipal Separate School 

District respectfully moves the Court to amend and alter, in the 

respects hereinabove set forth, the desegregation plan heretofore 

ordered by this Court. 

NATCHEZ SPECIAL MUNICIPAL SEPARATE 
SCHOOL DISTRICT 

  

J /7 [vr] 2 ! 

By_/) I   
ATTORNEY 

 



  

CERTIFICATE 
  

The undersigned counsel of record for the Defendants- 

Appellees, Natchez Special Municipal Separate School District, 

in the above styled and numbered actions hereby certifies that the 

original and three copies of the foregoing motion and four copies 

of the attached proposed order have this day been forwarded by 

United States mail, postage prepaid, to Hon. Edward W. Wadsworth, 

Clerk of the United States Court of Appeals for the Fifth Circuit, 

Room 408 - 400 Royal Street, New Orleans, Louisiana; that a copy 

of the foregoing motion, together with the original and a copy of 

the attached proposed order, has been forwarded by United States 

Air Mail, postage prepaid, to Hon. Griffin B. Bell, United States 

Circuit Judge, Federal Building, Atlanta, Georgia; and that true 

copies of the foregoing motion and attached proposed order have 

been this day forwarded by United States Mail, postage prepaid, to 

the following: 

Hon. Homer Thornberry 

United States Circuit Judge 

Federal Building 

Austin, Texas 

Hon. Lewis Morgan 

United States Circuit Judge 

Federal Building 

Newnam, Georgia 

Hon. Ben L. Krage, Attorney 

U. S. Department of Justice 

960 Milner Building 

Jackson, Mississippi 

Hon. Jerris Leonard, Assistant Attorney General 

Department of Justice 

Washington, D. C. 

Hon. Melvyn R. Leventhal, Attorney 

5384 North Farish Street 

Jackson, Mississippi 

Hon. Jack Greenberg, Attorney 

Suite 2030 - 10 Columbus Circle 

New York, New York. 

This 4th day of Decem 

  

    
    A 

or Defendants-Appellees 
  

[iB 

Counsel F 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

UNITED STATES OF AMERICA 

VS. 

NATCHEZ SPECIAL MUNICIPAL 

SEPARATE SCHOOL DISTRICT NOS. 28030 = 28042 

' * ‘ORDER 

This cause coming on for hearing on the Motion filed herein 

by Natchez Special Municipal Separate School District to amend 

and alter the desegregation plan ordered by this Court on November 

7, 1969, and it appearing to the Court that the proposed amend- 

ments and alterations have been recommended by the U. S. Department 

of Health, Education and Welfare and approved by the U. S. Depart- 

ment of Justice, and that the Motion is well founded, 

Now, therefore, it is hereby ordered and adjudged that the 

desegregation plan ordered by this Court on November 7, 1969, be, 

and the same hereby is, amended and altered in the following 

respects: 

1. Addendum A, which appears in the original desegregation 

plan, but does not appear in the copy of the plan filed with this 

Court, is hereby deleted. 

2. Numbered pages 3 through 6 of the plan are hereby deleted, 

and in lieu thereof the following is hereby substituted: 

NATCHEZ - ADAMS COUNTY PUBLIC SCHOOL DISTRICT 

1X. 

RECOMMENDATIONS FOR SCHOOL DESEGREGATION 

In order to bring about a unitary school system in which 

schools are not identifiable by race, the following recommendations, 

to be effective on January lst, 1970, are submitted: 

A. The elementary schools of the district serving grades one through 

 



  

six shall be organized as follows: 

MORGANTOWN, CENTRAL, AND WASHINGTON ELEMENTARY SCHOOL ZONE 

From the intersection of Liberty Road and the Adams~-Franklin 

county line, proceed in a westerly direction along Liberty Road 

to the city limits; follow the city limits northerly to its point 

of intersection with the County Supervisors' line between Districts 

4 and 5; proceed north on County Supervisors’ line between 

Districts 4 and 5 to the county line; proceed east and south 

along the county line to the point of origin. 

The schools in this zone will be composed of the following 

grade levels: 

First and second grades at Morgantown 

Third and fourth grades at Central 

Fifth and sixth grades at Washington 

NORTHSIDE, CARPENTER I, AND PRINCE STREET ELEMENTARY SCHOOL ZONE 

In the county, from the point where the County Supervisors’ 

line between Districts 4 and 5 intersects the northerly line of 

Adams County, proceed in a northwest direction along county line 

to Mississippi River; follow Mississippi River south to city 

limits; follow city limits in an easterly direction to its inter- 

section with the line between Supervisors' Districts 4 and 5; 

follow the line between Supervisors' Districts 4 and 5 north to 

the point of origin, 

In the city, beginning at a point where the Mississippi 

River is intersected by the line of Madison Street extended in a 

westerly direction, proceed in an easterly direction up the line 

of Madison Street extended and Madison Street to Pine Street; 

proceed north up Pine Street to Minor Street; proceed southeast 

on Minor Street to the bayou, follow the bayou to D'Evereux 

rive, proceed east on D'Evereux Drive to the city limits; follow 

the city limits northwesterly to the Mississippi River; follow 

 



  

  

the Mississippi River southwardly to the point of origin. 

The schools in this zone will be composed of the following 

grade levels: 

First grade at Prince Street 

Second grade at Carpenter I 

Third, fourth and fifth grades at Northside 

The sixth grade students in this school 

zone will attend the Braden Elementary 

School. 

BRADEN, BRUMFIELD, CARPENTER II, AND WEST ELEMENTARY SCHOOL ZONE 

In the county, from the intersection of the Liberty Road 

and the city limits, follow the Liberty Road in a southeasterly 

direction to the county line; proceed south and west along county 

line to Mississippi River; follow Mississippi River north to the 

city limits; follow the city limits east and north to point of 

origin. 

In the city, beginning at a point where the Mississippi 

River is intersected by the line of Madison Street extended in a 

westerly direction, proceed in an easterly direction up the line 

of Madison Street extended and Madison Street to Pine Street; 

proceed north up Pine Street to Minor Street; proceed southeast 

on Minor Street to the bayou, follow the bayou to D'Evereux 

Drive; proceed west on D'Evereux Drive to Junkin Street; proceed 

south on Junkin Street to Melrose Avenue; follow Melrose Avenue 

in a southerly direction to Ratcliff Street; proceed west on 

Ratcliff Street to unnamed bayou, south on unnamed bayou to John R. 

Junkin Drive; proceed south on John R. Junkin Drive to city limits; 

follow city limits in a westerly direction to Mississippi River; 

proceed North on Mississippi River to point of origin. 

The schools in this zone will be composed of the following 

grade levels: 

First grade at Carpenter II 

Grades two and three at Brumfield 

Grades four and five at West 

Grade six at Braden 

3. 

 



  

MONTEBELLO ELEMENTARY SCHOOL ZONE 

From a point where St. Catherine Creek intersects U. S. 

Highway 61 North, proceed west on Highway 61 North, D'Evereux Drive 

and St. Catherine Street to Junkin Street; south on Junkin Street 

to Melrose Avenue; follow Melrose Avenue in a southerly direction 

to Ratcliff Street; proceed west on Ratcliff Street to unnamed 

bayou; proceed south on unnamed bayou to John R. Junkin Drive; 

proceed south on John R. Junkin Drive to St. Catherine Creek; 

follow St. Catherine Creek in a northerly direction to point of 

origin. 

This school will serve grades one, two, three, 

four, five and six. 

B. The junior high schools of the district, serving grades seven, 

eight and nine, shall be organized as follows: 

MORGANTOWN JUNIOR HIGH SCHOOL ZONE 

From the intersection of U. S. Highway 84 and the Adams- 

Franklin County line proceed along U. S. Highway 84 west to Duck 

Pond Road; proceed south on Duck Pond Road to Liberty Road; proceed 

west on Liberty Road to city limits; proceed northwest along city 

limits to County Supervisors' line between Districts 4 and 5; 

proceed north on County Supervisors' line to county line; proceed 

east and south along the county line to the point of origin. 

The Morgantown Junior High School will serve grades 

seven, eight and nine in this zone. 

THOMPSON JUNIOR HIGH SCHOOL ZONE 

In the county, from the intersection of the line between 

County Supervisors' Districts 4 and 5 and the county line, proceed 

north and west along county line to Mississippi River; proceed 

south on Mississippi River , following the State line, to city 

limits; follow city limits east to its intersection with the 

line between County Supervisors' Districts 4 and 5; proceed 

 



  

north along the line between County Supervisors' Districts 

4 and 5 to point of origin. | 

In the city, from the point where the line of Franklin Street 

extended in a westerly direction intersects the Mississippi River, 

proceed in an easterly direction up the line of Franklin Street 

extended and Franklin Street and the Liberty Road to the city 

limits; proceed north and west on city limits to Mississippi River; 

proceed south on Mississippi River to point of origin. 

The Thompson Junior High School will serve grades 

seven, eight and nine in this zone. 

MONTEBELLO JUNIOR HIGH SCHOOL ZONE 

In the county, from the intersection of the Adams-Franklin 

County line and Deerfield Road, proceed west on Deerfield Road 

to Kingston Road; follow Kingston Road to U. S. Highway 61 South; 

proceed north on Highway 61 South to the city limits, follow 

city limits north to Liberty Road; proceed east on Liberty Road 

to Duck Pond Road; proceed north on Duck Pond Road to U. S. Highway 

84; proceed east on Highway 84 to county line; follow county line 

south to point of origin. 

In the city, from the point where St. Catherine Creek intersects 

Liberty Road, proceed west on Liberty Road and Franklin Street to 

~ Melrose- Avenue; follow Melrose Avenue in a southerly direction 

to Ratcliff Street; proceed west on Ratcliff Street to unnamed 

bayou; proceed south on unnamed bayou to John R. Junkin Drive; 

proceed south on John R. Junkin Drive to St. Catherine Creek; 

follow St. Catherine Creek in a northerly direction to point 

of origin. 

The Montebello Junior High School will serve grades 

seven, eight and nine in this zone. 

 



  

MARTIN JUNIOR HIGH SCHOOL ZONE 

In the county, from the point where the Deerfield Road 

intersects the Adams-Franklin County line, proceed in a westerly 

direction to the Kingston Road; continue west on the Kingston 

Road to U. S. Highway 61 South; continue north on U. S. Highway 

61 South to city limits; follow the city limits in a north- 

westerly direction to the Mississippi River; follow the Mississippi 

River south to the Adams-Wilkinson county line; follow the Adams 

county line east and north to the point of origin. 

In the city, from a point where the line of Franklin Street 

extended in a westerly direction intersects the Mississippi River, 

proceed east on the line of Franklin Street extended and Franklin 

Street to Melrose Avenue, continue south on Melrose Avenue tO 

Ratcliff Street; proceed west on Ratcliff Street to an unnamed 

bayou, continue south on unnamed bayou to John R. Junkin Drive, 

south on John R. Junkin Drive to city limits; continue northwest 

on city limits to Mississippi River, follow the Mississippi River 

north to point of origin. 

The Martin Junior High School will serve grades 

seven, eight and nine in this zone. 

C. The high school of the district, serving grades ten, eleven 

and twelve, shall be organized as follows: 

There shall be one Natchez-Adams County High School, composed 

of a three-building complex. The present Natchez-Adams High School 

building shall serve grades eleven and twelve for the entire district. 

The Anchorage School shall serve grade ten for the entire district. 

The Vocational~Technical School will serve the entire district. 

3. Numbered pages 7 and 8 of the plan are hereby deleted, 

and in lieu thereof, the following two pages are hereby substi- 

tuted; 

 



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4. Numbered pages 9 through 12 of the plan are hereby de- 

leted. 

5. The order of this Court entered on November 7, 1969, 

shall remain otherwise unchanged, except as provided for herein- 

above. 

ORDERED AND ADJUDGED this ' day of December, 1969. 

  

  

  

U. S. CIRCUIT JUDGE