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

applicants seeking admission to said university; and from failing
and refusing to act expeditiously upon applications received from
Negro residents of Georgia; and from refusing to approve the applications
of qualified Negro residents of Georgia for admission to
said university solely because of the race and color of the Negro
applicants; and from subjecting Negro applicants to requirements,
prerequisites, interviews, delays, and tests not required of white
applicants for admission; and from making the attendance of
Negroes at said university subject to terms and conditions not applicable
to white persons; and from failing and refusing to advise
Negro applicants promptly and fully regarding their applications,
admission requirements and status as is done by the defendant and
his associates in the case of white applicants; and from continuing
to pursue the policy, practice, custom, and usage of limiting admission
to said university to white persons.
The court denied the plaintiffs' claim for damages. It noted that under
the terms of the Georgia Appropriation Act 8 the university would lose
State aid upon the admission of the plaintiffs; granted a stay of its
order for immediate admission;' and observed that: 10
. . . [T]his court is not allowing this stay because of the terms of
the Appropriations Act or because of any confusion or uncertainty
that might result from the terms of that act. I am allowing this
stay solely in order that the defendant in this case might exercise
his legal right of appeal in order to test the correctness or incorrectness
of the decree heretofore entered by this court, and in order that
he might do so before the decree has to be carried out.
The United States Court of Appeals for the Fifth Circuit swiftly overturned
the district court's stay thus reinstating the order for admission. 11
On the night following the district court's ruling, three student demonstrations
opposing plaintiffs' admission were held on the university
campus. 12 Meanwhile the General Assembly of Georgia enacted four
measures (proposed by the Governor) to permit operation of public
schools and colleges even if desegregated. At the same time the legislature
adopted other measures designed to keep control of school
administration out of the hands of the Federal judiciary; and to hold
desegregation to a minimum. 18
On January n, <strong>1961</strong>, Miss Hunter and Mr. Holmes attended their
first classes at the university. After a few days of disorder and demonstrations
they were suspended and removed from the campus. Unjversity
officials said that the presence of the two Negro students on campus
was a threat to their own safety and that of other students. 14 The
court ordered readmission in spite of the demonstrations. It quoted
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