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

ther to close other schools in any area where a school had been closed
if their continued operation might cause disorder among the children
or the citizens of that area. 21 In 1960 the Governor was given the authority
to close all schools in the State if one was desegregated 22 and, in
another provision which contained no reference to school desegregation,
to close any school "when the operation thereof is threatened, interfered
with, or disrupted by disorder, mobs or violence." 2S
These three acts, together with other Louisiana statutes, were declared
void by a three-judge Federal district court on August 27, igGo. 24
With regard to the three school-closing laws, the court said: 2B
All these acts have as their sole purpose continued segregation in
the public schools. They are but additional weapons in the arsenal
of the State for use in the fight on integration. Although
the right of the Governor to close schools under Act 542 of 1960
is not in terms predicated on their integration, the purpose of the
act is so clear that its purpose speaks louder than its words. . . .
This act may be more sophisticated than Act 495 of 1960 and
Act 256 of 1958, but it is no less unconstitutional.
Shortly thereafter the Louisiana Legislature in effect reenacted the
laws invalidated, 26 and on November 30, 1960, a three-judge Federal
district court declared the new enactments unconstitutional, holding
they were— 27
... all in effect school closure measures, . . . carbon copies of
statutes held invalid by the decision rendered August 27. The only
difference, common to all four acts, is the deletion of reference to
"segregation," "integration," or "separate facilities" in the earlier
statutes and the substitution of the words "consistent with the constitution
and laws of this State or State board of education policies,
rules, or regulations." But this euphemism cannot save the
legislation.
To this date no further acts have been passed in Louisiana which provide
directly for the closing of desegregated public schools.
Statutes which provide for the automatic closing of schools to which
Federal military forces are sent have been enacted not only in Virginia,
as mentioned above, but also in Florida 2S and Texas. 29
In 1956 the Georgia Legislature empowered the Governor to close
public schools whenever he found that they could not be operated "in
such manner as shall entitle such schools under the laws of this State
to State funds for their maintenance and operation. . . ." 30 Since
other laws prohibited the expenditure of State or local funds for desegregated
schools, 31 an intention to authorize the closing of desegregated
schools seems clear. Moreover, the next year the Georgia General
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