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

South Carolina
Statutes enacted during the <strong>1961</strong> session of the South Carolina Legislature
extend to the local authorities in two counties the power to cut
off funds from schools desegregated by court order. 83 A law requiring
the cutoff of State funds from such schools had been enacted in I955- 84
Georgia
The <strong>1961</strong> session of the Georgia Legislature began a few days after
the admission of the first two Negro students to the University of
Georgia in compliance with a Federal court order. Confronted with
this challenging experience and supported by the report of the Sibley
Committee and testimony of many civic groups, the legislature modified
its position from massive resistance to limited compliance. In June
1960 the president of the Georgia Bar Association, argued against school
segregation laws on the theory that they made it easier for Negro litigants
to obtain blanket Federal court orders for desegregation of schools,
saying: 85
I have found (after an examination of desegregation rulings in
Southern States) that those cases that were lost (by the defendants)
were lost not only in spite of local segregation statutes, but
in every instance were lost because of them.
I found in fact, that while a school board may or may not win
a school suit if the State has no (segregation) laws, it is absolutely
and utterly impossible to win if it does have such laws.
He pointed out that North Carolina has no State segregation laws and
that Federal courts there have consistently dismissed class actions to
desegregate schools and required individuals to pursue the administrative
remedies of the pupil placement law before seeking relief in the
Federal courts. 86
Another group working for repeal or amendment of the State school
segregation laws to avoid a closing of public schools is called HOPE,
Inc. (Help Our Public Education). 87 No doubt it was instrumental
in causing the State administration to reverse its stand of massive resistance
and to oppose the closing of schools, withholding of funds from
desegregated institutions, and defiance of the orderly judicial processes.
All massive resistance laws enacted in 1952 were repealed and the
"open school" package introduced by the administration was passed
with only token opposition. 88
The open school package in general follows the new Virginia pattern.
It includes a tuition grant act giving all school children "free choice"
between private or public schools; 89 and another giving local commu-
76