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

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Notes: Education, Chapter 10—Continued 16. United States v. Faubus, Civ. No. 3113, E.D. Ark., Sept. 20, 1957, 2 Race Rel. L. Rep. 958 (1957). 17. Presidential Proclamation No. 3204, 22 Fed. Reg. 7628 (1957). 18. Executive Order No. 10730, 22 Fed. Reg. 7628 (1957). 19. See Standard Computing Scale Co. v. Farrill, 249 U.S. 571, 577 (1919); In re Neagle, supra, note 2. American Federation of Labor v. Watson, 327 U.S. 582, 592 (1946). 20. 5 U.S.C. sec. 306 (1958). 21. Brief of the United States as amicus curiae, p. 41, Faubus v. United States, Civ. No. 15904, 8th Cir. (1958). 22. Faubus v. United States, 254 F. 2d. 797, 804-05 (8th Cir. 1958). 23. Aaron v. Cooper, 163 F. Supp. 13 (E.D. Ark. 1957), rev'd, 257 F. 2d 33 (8th Cir. 1958), aff'd, 358 U.S. i (1958). 24. Aaron v. Cooper, 261 F. 2d 97 (8th Cir. 1958). 25. 173 F. Supp. 944 (E.D. Ark. 1959). 26. Id. at 952. 27. Faubus v. Aaron, 361 U.S. 197 (1959). 28. La. Acts 1960, 1st Ex. Sess. No. 2. See ch. 5 at 73, supra. 29. Civ. No. 10566 E.D. La. 1960, (later consolidated with Bush v. Orleans Parish School Board). 30. Brief for United States in United States v. State of Louisiana, Civ. No. 10566, E.D. La. 1960, p. 12, citing in support Mayo v. United States, 319 U.S. 441 (1943); Hunt v. United States, 278 U.S. 96, 100 (1928); United States v. Owlett, 15 F. Supp. 736, 741, 743 (M.D. Pa. 1936). 31. Mat 13. 32. Id. at 31. 33. United States v. Louisiana, 188 F. Supp. 916 (E.D. La. 1960). 34. Bush v. Orleans Parish School Board, Civ. No. 3630, E.D. La., Nov. 25, 1960, 5 Race Rel. L. Rep. 1007 (1960). 35. Ibid. 36. Louisiana v. United States, 364 U.S. 500 (1960). On Mar. 20, <strong>1961</strong>, the Supreme Court affirmed the ruling of the district court in United States v. Louisiana, supra, note 33. 29 U.S.L. Week 3275 (Mar. 20, <strong>1961</strong>). 37. Brief for the United States, amicus curiae, in support of its motion for preliminary injunction, p. 3, Bush v. Orleans Parish School Board, Civ. No. 3630, E.D. La. Dec. 4, 1960. 38. Bush v. Orleans Parish School Board, 190 F. Supp. 861, 866 n. 9 (E.D. La. 1960), aff'd per curiam, May 8, <strong>1961</strong>, 29 U.S.L. Week 3334 (May 8,<strong>1961</strong>). 230
Notes: Education, Chapter 10—Continued 39. United States v. Louisiana, Civ. No. 10566; Bush v. Orleans Parish School Board, Civ. No. 3630, E.D. La., February 16, <strong>1961</strong>. 40. Bush v. Orleans Parish School Board, 191 F. Supp. 871 (E.D. La. <strong>1961</strong>). 41. Id. at 875-76. 42. Id. at 877 n. 12 referred to statements by Senator Hill, 103 Cong. Rec. 10227 ( 1 957)' See also Senator Ellender, 103 Cong. Rec. 10454(1957). 43. Id. at 877. 44. Id. at 877-78. 45. Bush v. Orleans Parish School Board, Civ. No. 3630, E.D. La., Notice of Appeal to the Supreme Court of the United States by the Legislature of Louisiana, March 3,<strong>1961</strong>, p. 3. 46. 29 U.S.L. Week 3381 (June 19, <strong>1961</strong>). 47. 29 U.S.L. Week 2550 (May 4, <strong>1961</strong>). 48. Davis v. East Baton Rouge Parish School Board, Civ. No. 1662, E.D. La.; May 24, 1960, Hall v. St. Helena Parish School Board, Civ. No. 1068, E.D. La., May 24, 1960. 49. St. Helena Parish School Board v. Hall, Civ. No. 18,523, 5th Cir. Feb. <strong>1961</strong>. See So. School News, Mar. <strong>1961</strong>, p. 8. 50. La. Acts <strong>1961</strong>, 2d Extra Sess. No. 2. 51. N.Y. Times, Apr. 24,<strong>1961</strong>, p. 22. 52. So. School News, May, <strong>1961</strong>, p. i. 53. Ibid. 54. Ibid. 55. Ibid. 56. See Part II, ch. 3 at 68, supra. 57. Brief for the United States as amicus curiae, pp. 1-2, Hall v. St. Helena Parish School Board, Civ. No. 1068, E.D. La., June <strong>1961</strong>. 58. Id. at 2. See ch. 6, n. 47, supra. 59. Brief for the United States, supra, n. 57. 60. Allen v. County School Board of Prince Edward County, Va., Civ. No. 1333, E.D. Va., motion filed by United States for intervention as a plaintiff April 27,<strong>1961</strong>, p. i. 61. Id., memorandum in support of motion, p. 2. 62. Ibid. 63. Id. at i. 64. 5 U.S.C. sec. 309 (1958). 65. Allen v. County School Board of Prince Edward County, Va., Civ. No. 1333, E.D. Va., Brief of the United States, p. 20. 66. Id. at 40. 67. Washington (D.C.) Post, June 15, <strong>1961</strong>, p. lA. 68. Ibid. See p. 158, supra. 231
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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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suit in serious disparities in staf
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sponsored; others are private, volu
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same students had made the previous
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sional techniques involved in purpo
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Another approach is to improve his
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January January 1958 1961</
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IQ scores of 108, 128, 99, and 125
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1. The gains in reading comprehensi
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Inservice programs to upgrade teach
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serves. Thus, Oak Park and Carver p
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sponsored. An exception is the tuto
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9. Southern Libraries Sixteen years
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council adopted an ordinance restri
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three Negro students from Virginia
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conduct of public library services.
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Act program, the Southern States re
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10. Role of the Executive Branch Ea
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or to submit plans to accomplish de
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gate and report his findings. On th
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THE LOUISIANA CASES An Interpositio
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circumvented would subvert our cons
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As to the contention that the Unite
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At the hearing at which the court r
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Appropriate action to vindicate the
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the formulation of a desegregation
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11. The Colleges In January <strong
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applicants seeking admission to sai
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In May 1961 a Negr
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12. Conclusions The Nation's progre
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schools provide elementary school i
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have made some start towards compli
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Page 201: the number and ethnic classificatio
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.
Page 234 and 235: NOTES: EDUCATION, Chapter 7 1. See
Page 248 and 249: Notes: Education, Chapter 10—Cont
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Page 254 and 255: TABLE 2.—Status of segregation-de
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Page 258 and 259: EXHIBIT i Bureau of the Budget No.
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Page 264 and 265: U.S. Commission on
Page 266 and 267: LIST OF CASES CITED—Continued Pag
Page 268 and 269: LIST OF GASES CITED—Continued In
Page 270: LIST OF GASES CITED—Continued Pag
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