1961 US Commission on Civil Rights Report Book 2 - University of ...

Since the decision of the district court in the Bush case upholding its
right to intervene the United States has continued to participate actively
in the New Orleans litigation. The United States moved for a temporary
restraining order when the legislature adopted a joint resolution
establishing a committee of 10 legislators to seize the administrative
records of the Orleans Parish School Board from the State Superintendent
of Education. The motion was granted. The defendants then moved
to dismiss the petition and to dissolve the temporary restraining order
contending again that the United States did not have the right to file
action for such injunctive relief. No final disposition of this matter
has been noted.
Additional legislation penalizing persons encouraging or assisting
others to attend or work at schools operated on a racially nondiscriminatory
basis caused the United States to petition the court for an injunction
to restrain its enforcement. This petition was granted by the court
on May 4, ig6i. 47
There have been two other instances of participation by the Justice
Department in school desegregation litigation in Louisiana. These
involve the parishes of East Baton Rouge and St. Helena, both enjoined
by a Federal district court in the spring of 1960 from maintaining racial
segregation in their public schools. 48 After the district court decision in
Hall v. St. Helena School Board was affirmed by the Court of Appeals
in February igSi, 49 the legislature passed a law giving school boards
authority to close their schools after an election at which a majority of
those voting approved such suspension. 60 The plaintiffs in the St. Helena
case attacked the constitutionality of this law and asked for an injunction
to restrain the school board from acting under it. The next day the
United States Attorney applied to the court for permission to intervene
as amicus. His purpose was to file a petition for an injunction against
the enforcement of other legislation and to preserve the administration
of justice and integrity of the judicial process. Upon the granting of
the motions, the United States filed its petition.
At a hearing on the original plaintiff's motion to restrain the school
board from acting under the provision of the school-closing law, it was
agreed that the election could be held provided that the board took no
action as a result of the election until the court determined the constitutionality
of the law. 51
St. Helena Parish residents voted 1,147 to 56 in favor of closing the
schools. 58 Although the total population of the parish (about 9,000)
is 56 percent Negro, only 111 Negroes were registered to vote 5S and
only four of these were reported to have voted. 64 Last year the parish
had 2,478 white and 1,243 Negroes registered but that registration
expired by law on December 31, 1960. The <strong>1961</strong> registration difficulties
of St. Helena Negro residents are recounted in Part II of this
report. 66
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