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

desegregated schools. 86 This legislation, according to the mayor of
Atlanta, was aimed specifically at that city because the rurally dominated
legislature considered its racial attitudes too liberal. 87
1960 LEGISLATIVE SESSIONS
A pattern of undisguised resistance to any form of school desegregation
appeared in the 1960 legislative enactments of Mississippi and South
Carolina. Other States tried somewhat different approaches.
Mississippi
In Mississippi local school district trustees were given power to close
any or all schools within their jurisdiction to serve the "best interest of
a majority of the . . . children . . . enrolled" or to "promote or preserve
the public peace." 38 Admission to school was denied to any child not
accompanied by a parent. It was further provided that a child could
not attend any school except in the district of his residence unless legally
transferred thereto under the Student Assignment law. 39 Parents
and guardians were denied the right to file any suit, complaint, action,
or administrative proceeding on behalf of a minor without advance
approval of a chancery court. 40 The legislature specified that whenever
any student enrolled in any public educational institution is convicted
of a misdemeanor, the authorities are to report the fact to the
institution in which he is enrolled. 41
Mississippi's attitude was reflected in a constitutional amendment that
repealed mandatory provisions for State maintenance of a public school
system and substituted the following: 43
The legislature may, in its discretion, provide for the maintenance
and establishment of a free public school or schools in each county
in the State, with such term, or terms, as the legislature may
prescribe.
This was ratified in the November 8, 1960, general election by a vote
of over 3 to i. 48
South Carolina
During the 1960 session of the South Carolina Legislature the subject
of school segregation came up only at the end of the session in debate
on the general appropriation bill. Upon the recommendation of a
70