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

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LIST OF GASES CITED—Continued In re Estate of Stephen Girard, 138 ad 844 (Pa. 1958), cert, denied, 357 U.S. 570 (1958) 93 In the Matter of Skipwith, 180 N.Y.S. ad 852 (Dom. Rel Ct. N.Y.C. IJI •1958) In re Neagle, 135 U.S. i (1890) 149 James v. Almond, 170 F. Supp. 331 (E.D. Va. 1959), appeal dismissed by stipulation, 359 U.S. 1006 (1959) 65, 81, 81, 85 James v. Duckworth, 170 F. Supp. 342 (E.D. Va. 1959) 86 Jones v. School Board of Alexandria, Civ. No. 1770, E.D. Va., Feb. 6> 1959? 4 Race Rel. L. Rep. 29 (1959), afd, 278 F. 2d 72 (4th Cir. 1960) 28, 30 Kasper v. Brittain, 245 F. 2d 92 (6th Cir. 1957), cert, denied, 355 U.S. 834 (1957) • - • • • '52 Kelley v. Board of Education of Nashville, Civ. No. 2094, M.D. Tenn., Sept. 6, 1957, 2 Race Rel. L. Rep. 970 (1957) 66 Kelley v. Board of Education of Nashville, 159 F. Supp. 272 (M.D. Tenn. 1958), ajfd, 270 F. 2d 209 (6th Cir. 1959), cert, denied, 361 U.S. 924 (1960) 17,18,20,21,34 Kerr v. Enoch Pratt Free Library, 54 F. Supp. 514 (D. Md. 1944), rev'd, 149 F. 2d 212 (4th Cir. 1945), cert, denied, 326 U.S. 721 0945) 93> 139 Kilby v. Board of Education of Warren County, Civ. No. 530, W.D. Va., Sept. 8, 1958, (summarized in) 3 Race Rel. L. Rep. 972 (1958).... 31 Louisiana v. United States, 364 U.S. 500 (1960) 156 Lucy v. Adams, 350 U.S. i (1955) 33 Manning v. Board of Public Instruction of Hillsborough County, 277 F. ad 370 (5th Cir. 1960) 24 Mapp v. Board of Education of the City of Chattanooga, Civ. No. 3564, E.D. Tenri., Oct. 21, 1960, 5 Race Rel. L. Rep. 1035 (1960) 21 Maxwell v. Board of Education of Davidson County, Civ. No. 2956, M.D. Tenn., Nov. 23, 1960, 5 Race Rel. L. Rep. 1040 (1960) ai, 52 Mayo v. United States, 319 U.S. 441 (1943) 155 McCoy v. Greensboro City Board of Education, 283 F. 2d. 667 (4th Cir. 1960) 50 McKissick v. Durham City Board of Education, 176 F. Supp. 3 (M.D. N.C. 1959) 17, 43 Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938) 6, 31 Mitchell v. Pollock, Civ. No. 708, W.D. Ky., Sept. 27, 1956, i Race Rel. L. Rep. 1038 (1956), 2 Race Rel. L. Rep. 304 (1957) 35 Moore v. Board of Education of Harford County, 152 F. Supp. 114 (D. Md. 1957), qff'd, sub nom., Slade v. Board of Education of Harford County, 252 F. 2d 291 (4th Cir. 1958), cert, denied, 357 U.S. 906 (1958) 33 Page 252
LIST OF CASES CITED—Continued Page Morris v. Mayor and City Council of Baltimore, 78 F. Supp. 451 (D. Md. 1948) 28 Northeross v. Board of Education of Memphis, Civ. No. 3931, M.D. Tenn., Apr. 14, <strong>1961</strong> 28 Norwood v. Tucker, Civ. No. 16586, 8th Cir. Mar. 2, <strong>1961</strong> 25 Orleans Parish School Board v. Bush, 242 F. 2d 156 (5th Cir. 1957), cert, denied, 354 U.S. 921 (1957) 66 Parr v. State, 157 N.E. 555 (Ohio 1927) 87 Pennsylvania v. Board of Directors of City Trusts, 353 U.S. 230 (1957). . 9» 93 Pettitt v. Board of Education of Harford County, Civ. No. 11955, D. Md., May 25, 1960, 5 Race Rel. L. Rep. 379 (1960) 32 Plessy v. Ferguson, 163 U.S. 537 (1896) 111 Robinson v. Evans, Civ. No. 2643, S.D. Tex., Jan. 23, <strong>1961</strong> 60 Ross v. Peterson, Civ. No. 10444, S.D. Tex., Aug. 3, 12, 1960, 5 Race Rel L. Rep. 703, 709 (1960) 18, 33, 54 Ross v. Rogers, Civ. No. 10444, S.D. Tex., Oct. 15, 1957, 2 Race Rel. L. Rep. 1114 (1957) 53 St. Helena Parish School Board v. Hall, Civ. No. 18523, 5th Cir. <strong>1961</strong>. . 160 School Board of the City of Newport News v. Atkins, 246 F. 2d 325 (4th Cir. 1957) 17 Sealy v. Department of Public Instruction of Pennsylvania, 159 F. Supp. 561, aff'd, 252 F. 2d 898 (3rd Cir. 1957), cert, denied, 356 U.S. 975 (i958) 107 Shelley v. Kraemer, 334 U.S. i (1948) 100 Shuttlesworth v. Birmingham Board of Education, 162 F. Supp. 372 (N.D. Ala. 1958), aff'd, 358 U.S. zoi (1958) 8, 22, 42, 58 Simmons v. Edwards, Civ. No. 2631, N.D. Tex., 1960 53 Sipuel v. Board of Regents, 332 U.S. 631 (1948) 6 Spaulding v. Durham City Board of Education, Civ. No. C-n6-D-6o, M.D.N.C., July 20, <strong>1961</strong> 26, 63 Standard Computing Scale Company v. Farrill, 249 U.S. 571 (1919) .... 153 State v. Bailey, 61 N.E. 730 (Ind. 1901) 87 State v. Jackson, 53 A. 1021 (N.H. 1902) 87 Steiner v. Simmons, 111 A. 2d 574 (Del. 1955) 6 Sweatt v. Painter, 339 U.S. 629 (1950) 6, 112 Taylor v. Board of Education of New Rochelle, New York, Civ. No. 60-4096, S.D.N.Y., 1960 164 Taylor v. Board of Education of New Rochelle, New York, 191 F. Supp. 181 (S.D.N.Y. <strong>1961</strong>) 3, 100, 102 Thompson v. County School Board of Arlington, Virginia, 144 F. Supp. 239 (E.D. Va. 1956) 17, 26 Thompson v. County School Board of Arlington, 166 F. Supp. 529 (E.D. Va. 1958) 31 Thompson v. County School Board of Arlington, Civ. No. 1341, E.D. Va., July 25, 1959, 4 Race Rel. L. Rep. 609 (1959) 28, 30 253
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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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Need for Federal protection 17. The
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of equal protection in public schoo
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tended, to serve as a clearinghouse
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the number and ethnic classificatio
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NOTES: EDUCATION, Chapter 2 1. Brow
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Notes: Education, Chapter 3—Conti
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NOTES: EDUCATION, Chapter 4 1. Cf.
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Page 218 and 219: Notes: Education, Chapter 4—Conti
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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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