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

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also found support in Congress* refusal to grant the Attorney General authority to initiate desegregation suits. The New Rochelle case set a precedent in that the Government appeared as amicus not to protect the judicial process, prevent obstruction of court orders, preserve the sovereignty of the United States, or advise the court on constitutional issues but to advise as to a desegregation plan submitted by the defendant school board. The appearance of the United States in this role upon the invitation of the court does not appear to have been opposed by the defendant. 166
11. The Colleges In January <strong>1961</strong> the <strong>Commission</strong> made its second report to the President and Congress in the field of education: Equal Protection of the Laws in Public Higher Education, igGo. 1 This traced the development of separate public colleges for Negroes in the latter half of the igth century, the role of the Federal Government in the establishment and financial support of such institutions, and certain related Federal policies as they affect equal protection of the laws. Three proposals were made. The first recommended that Federal funds be granted only to public institutions which do not discriminate on grounds of race, color, religion, or national origin. No executive or legislative action in this regard has been taken. The second recommendation dealt with the enforcement of constitutional rights. The <strong>Commission</strong> proposed that Congress consider authorizing the use of three-judge courts in cases presenting substantial issues of fact as to denial of equal protection in public higher education. There has been no legislation on this matter. In the University of Georgia case, discussed hereafter, the only relevant case decided since the publication of the <strong>Commission</strong>'s report, suit was filed in September 1960 and the court denied a preliminary injunction that would have allowed the plaintiffs to attend the university immediately. Final decision, however, was quickly reached, and the plaintiffs were admitted to the university in January <strong>1961</strong>. The early admission of the plaintiffs was due in large measure to a change in State policy in the face of the Federal court's action (and in some degree to swift action by the United States Court of Appeals for the Fifth Circuit in vacating a stay granted by the district court). If a three-judge court had been available in this case, along the lines of the <strong>Commission</strong>'s recommendation, such a court might well have been more willing than the single judge to issue a preliminary injunction in September, with the result of even earlier admission of the plaintiffs. A new suit in Mississippi should cast further light on the potential usefulness of the <strong>Commission</strong>'s recommendation. The third recommendation pointed out the need for action to alleviate academic handicaps resulting from inferior educational opportunities. 167
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1961 United States
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KF 4755 .A822 1961
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Page CHAPTER 4. DESEGREGATION IN TH
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Page Summary 135 CHAPTER 9. SOUTHER
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General Contents: Books 1-5 Book I:
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Foreword The United States
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Inaction of government officials ha
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pan iv. Education 1. Introduction O
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equire or permit segregation by rac
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for the two races. 8 After the clea
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district court might conclude after
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1. State-imposed racial segregation
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grants, for example? If so, what pr
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If initial assignments by race subj
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As the Court put it in Boiling v. S
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seems to arise. The cost of public
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children of the same family to atte
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The Fifth Circuit appears to be on
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to exhaust administrative remedies
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students wishing to do so could reg
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In Northcross v. Board of Education
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standards, was rejected on "attitud
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Curriculum disparities as between w
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to be approved or disapproved by a
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their schools, as required by law."
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4. Desegregation in the South By Ma
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enrollment. In September 1960, Air
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the school year. 88 While the numbe
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hand, they were openly—this time
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Maryland All of the 23 school distr
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tion. 80 One Negro pupil was assign
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The North Carolina Advisory Committ
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eligible Negro students quietly ent
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white counterparts. Their overall a
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Fairfax County, which has a very sm
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Our dual system of schools is the b
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having only a few Negro pupils have
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The Charlotte-Mecklenburg Board of
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to maintain segregated schools for
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and authorized school boards to pro
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desegregated schools. 86 This legis
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and New Orleans—was under court o
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It had become clear that New Orlean
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South Carolina Statutes enacted dur
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6. The Threat to Education ... no i
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act, and a 1959 amendment withholdi
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ther to close other schools in any
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given authority to call an election
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from certain schools was voided by
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funds were available. The school bo
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The financing of these private scho
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and other forms of governmental par
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should be kept in mind when we spea
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public schools because of tuition g
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7. Segregation North and West At le
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y school authorities. All these pow
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easonable, and educationally sound.
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classes and school, attend the scho
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choice is between two schools havin
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thorough elimination of segregation
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INFERIORITY OF THE SCHOOL From 1896
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Having put the power of assignment
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Page 138 and 139: sional techniques involved in purpo
Page 140 and 141: Another approach is to improve his
Page 142 and 143: January January 1958 1961</
Page 144 and 145: IQ scores of 108, 128, 99, and 125
Page 146 and 147: 1. The gains in reading comprehensi
Page 148 and 149: Inservice programs to upgrade teach
Page 150 and 151: serves. Thus, Oak Park and Carver p
Page 152 and 153: sponsored. An exception is the tuto
Page 155 and 156: 9. Southern Libraries Sixteen years
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Page 163 and 164: Act program, the Southern States re
Page 165 and 166: 10. Role of the Executive Branch Ea
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Page 169 and 170: gate and report his findings. On th
Page 171 and 172: THE LOUISIANA CASES An Interpositio
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Page 175 and 176: As to the contention that the Unite
Page 177 and 178: At the hearing at which the court r
Page 179 and 180: Appropriate action to vindicate the
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Page 185 and 186: applicants seeking admission to sai
Page 187 and 188: In May 1961 a Negr
Page 189 and 190: 12. Conclusions The Nation's progre
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Page 193 and 194: have made some start towards compli
Page 195 and 196: Need for Federal protection 17. The
Page 197 and 198: of equal protection in public schoo
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Page 204 and 205: NOTES: EDUCATION, Chapter 2 1. Brow
Page 206 and 207: Notes: Education, Chapter 3—Conti
Page 212 and 213: NOTES: EDUCATION, Chapter 4 1. Cf.
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Notes: Education, Chapter 6—Conti
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NOTES: EDUCATION, Chapter 7 1. See
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Notes: Education, Chapter 10—Cont
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Notes: Education, Chapter 10—Cont
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Notes: Education, Chapter u—Conti
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236
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TABLE 2.—Status of segregation-de
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240
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EXHIBIT i Bureau of the Budget No.
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(3) Fill in blanks under columns th
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GARDINER, "National Library Week—
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U.S. Commission on
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LIST OF CASES CITED—Continued Pag
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LIST OF GASES CITED—Continued In
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LIST OF GASES CITED—Continued Pag
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