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                    <text>COMMDNWEALTH OF VIRGINIA
STATE BOARD OF EDUCATION
RICHMOND
SUPTS. MEMO. NO.
May 23, I95U

3025

TO:

Division Superintendents and Chairmen of Local School
Boards

FROM:

Dowell J. Howard, Superintendent of Public Instruction

SUBJECT:

Ruling of Attorney General of Virginia - Opinion of
Supreme Court of the United States.

I am enclosing a copy of an opinion rendered by the Attorney
General in reply to an inquiry propounded to him by the State Board
of Education at its meeting Thursday, May 27, I95H.
I also quote below the action of the State Board of Education
following receipt of the opinion:
"In view of the opinion of the Attorney General on
this day rendered, to which we adhere, the Board proclaims
the following policy:
"The local Boards of Education are hereby advised to
proceed as at present and for the school session 195** - 55
to operate the public schools of this State on the same
basis as they are now being operated and as heretofore
obtained."

�COMMONWEALTH OF VIRGINIA
STATE BOARD OF EDUCATION
RICHMOND
SUPT3. IQ-10. NO. 3025
May 23, 1954
TOi

Division Superintendents anil Ciiairmen of Local School Boards

FROM:

Dowell J. Howard. Superintendent of Public Instruction for the
State of Virginia

SUBJECT!

Ruling of Attorney General of Virginia— -Opinion of Supreme Court
of the United States,

I am enclosing a copy of an opinion rendered by the Attorney General
in reply to an inquiry propounded to him by the State Board of Education
at its meeting Thursday, b.y 27, 1954.

Ruling by Virginia Attorney General J. Lindsay Almond, ir.,
May 27, 1954
While the basic iss- d before the Court has been determined, yet,
the Court has ordered the case rostered to the docket and has
not entered, end will not enter, a final decree adjudicating the
respective rights of i.be parties litigant until further hearings
aid proceedings are had and held.,
Ponding a final adjudication, it Is my opinion that section 140
of the Constitution of Virginia, and. the statute of Virginia enacted
pursuant thereto, remain intact and unimpaired, imbued with full
logal vitality and efficacy,
I" is clearly manifest from the Court's opinion that it reserves
,
judgment on the matter of final, disposition of the causa before
it until it could be further advised as to matters procedural
relating to adjustment to the Court's opinion on the basic issue.
You have also requested my opinion, in the event I conclude that
our constitutional tic statutory provisions retain vitality, as
to whether the State Board of Education would be within its legal
rights to direct the division Superintendents throughout the State
to proceed with plans for the coning school year on the same basis
as have heretofore obtained.
If is my
to issue
question
qx.es tion

opinion that the Board would have full legal authority
such directives, in view of the Court’s retention of the
as to how end when the Court's opinion on the basic
is to be implemented.
(See ne:rt page)

�Supts. Memo Ho. 3025 - continued,

I also quote below the action of the State Board of Education
following receipt of the opinions
"In view of the opinion of the Attorney
General on this day rendered, to which
we adhere, the Board proclaims the follow
ing policys
The local Boards of Education are hereby
advised to proceed as at present and for the
school session 1954-55 to operate the public
schools of this State on the same basis as
they are new being operated and as heretofore
obtained."

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                    <text>COMMONWEALTH OF VIRGINIA
Office of
THE ATTORNEY GENERAL
Richmond.

May 2J,
Honorable Blake T. Newton, President,
State Board of Education,
Hague, Virginia,
M y dear Mr. Newton;
The State Board of Education at its session on this date propounded
the following inquiry upon which it has requested my opinion:
In view of the opinion handed down by the Supreme Court of the United States
on May 17 in the case of Dorothy E. Davis, et al.. Appellants, - V - County School
Board of Prince Edward County, Virginia, et al,, what is the legal vitality and
efficacy of section 1*40 of the Constitution of Virginia, and the statute enacted
pursuant thereto, providing, in substance, that white and colored children shall
not be taught in the same school?
I am sure the Board is familiar with the opinion of the Supreme Court is,
this case. In its opinion, the Court said;
!We conclude that in the field of public education the
!
doctrine of “separate but equal' has no place. Separate
educational facilities are inherently unequal. Therefore, we
hold that the plaintiffs and others similarly situated for whom
the actions have been brought are, by reason of the segregation
complained of, deprived of the equal protection of the laws
guaranteed by the Fourteenth Amendment. * * * l
t
As an integral part of the Court's conclusion, the following language was
employed;
"Because these are class actions, because of the wide applicability
of this decision, and because of the great variety of local
conditions, the formulation of decrees in these cases presents
problems of considerable complexity. On reargument, the considera*tion of appropriate relief was necessarily subordinated to the
primary question - the constitutionality of segregation in public
education. We have now announced that such segregation is a denial
of the equal protection of the laws. In order that we may have the
full assistance of the parties in formulating decrees, the cases will
be restored to the docket, and the parties are requested to present
further argument on questions 4 and 5 previously propounded by the
Court for the reargument this term. * * •"
Question U referred to by the Court is as follows:
"Assuming it is decided that segregation in public schools violates
the Fourteenth Amendment

�2.
"(a)

would a decree necessarily follow providing that, within
the limits set by normal geographic school districting,
Negro children should forthwith be admitted to schools
of their choice, or

"(b)

may this Court, in the exercise of its equity powers,
permit an effective gradual adjustment to be broughtabout from existing segregated systems to a system not
based on color distinctions?”

Question 5 is not deemed material in answering your inquiry.
While the basic issue before the Court has been determined, yet, the Court
has ordered the case restored to the docket and has not entered, and will not
enter, a final decree adjudicating the respective rights of the parties litigant
until further hearings and proceedings are had and held.
Pending a final adjudication, it is my opinion that section 1*40 of the
Constitution of Virginia, and the statute of Virginia enacted pursuant thereto,
remain intact and unimpaired, imbued with full legal vitality and efficacy.
It is clearly manifest from the Court's opinion that it reserves judgment
on the matter of final disposition of the cause before it until it could be
further advised as to matters procedural relating to adjustment to the Court's
opinion on the basic issue.
You have also requested my opinion, in the event I conclude that our
constitutional and statutory provisions retain vitality, as to whether the Stats
Board of Education would be within its legal rights to direct the Division
Superintendents throughout the State to proceed with plans for the coming school
year on the same basis as have heretofore obtained.
It is my opinion that the Board would have full legal authority to issus
such directives, in view of the Court's retention of the question as to how and
when the Court's opinion on the basic question is to be implemented.
Sincerely yours,
/s/ J. LINDSAY AIMOND, JE.
J. Lindsay Almond, Jr.,
Attorney General.

10-20

COPY

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                    <text>COMMONWEALTH OF VIRGINIA
STATE BOARD OF EDUCATION
Richmond

SUPTSo MEMO. NO* 3029
June 73 1 9 h
%
TO;

The Division Superintendent

FROMs

Dowell J. Howard, Superintendent of Public Instruction

You received the opinion of the Attorney General and Statement of the State Board
of Education regarding the recent Supreme Court decision. You are also aware of the
Statement of Governor Stanley calling for the operation of our public schools at
present and for the session 195 -55 on the basis of segregation in accordance with
U
Section l j 0 of the Constitution*
l.
I am confident you recognize it as your duty and mine, as those charged with the
responsibility for administering our public schools, to fully respect this authority.
I am confident, also, that your local school boards with the State Board of Education
will conform as they may give consideration to any modification of their existing
policies. To me this is fundamental and essential until such time as we may receive
decrees from the Supreme Court and advice from the Attorney General and the Governor
of Virginia. To this end I solicit your wholehearted cooperation.
It seems wise that I make the following statement regarding the school construction
program.
There has been no change in the policies of the State Board of Education regarding
school building construction; the amount of State money to which each locality is
entitled has been allotted, and the need for school facilities in many localities
remains serious. It is my opinion that the better the facilities the less complicated
will be the solution regardless of the final decree of the Court.
Each community presents a different problem. M y recommendation is that each
locality consider the problem in view of existing conditions. If you need the
facility, have the proposed facility located properly, have or can arrange for
financing, and have an agreement with your local school board, I recommend that you
proceed without delay. If you should need assistance from the State Department of
Education in modifying your previous decision, we stand ready and anxious to cooperate.
I can also assure you of the earnest consideration of the State Board of Education.
In the meantime it will be most helpful if you will submit the information on the
basis requested in Supts. Memo. No. 3022 - Survey of School Building Needs.
I am aware of the grave concern of many prompted by the decision of the Court and
conscious of the fact that neither Court decisions nor Legislative Acts change the
customs and beliefs of people. The nature of the final decree will determine the
degree of difficulty involved in making the necessary changes in the administration
of our public schools.
In the meantime, the problem must receive the calm/ 'deliberate, forthright and
prayerful consideration of all Virginians. It is the duty and, I know, the desire of
those charged with the responsibility for administration to participate fully.

�-

2-

We are aware that problems are not solved by sudden decisions. Man's destiny has
been and will continue to be shaped by what he believes to be right and by what he
finally desires, not by hasty and faulty action..
The ultimate solution will come in varying degrees « The degree of difficulty will
&gt;
vary with the problems as they present themselves in each school division of the State.
Definite procedures cannot culminate until such time as we have knowledge of the
final decree. In the meantime, however, the situation warrants our best thought. I
will, as early as feasible, ask for a meeting of the Superintendent's Advisory Council
to give me the benefit of their counsel. By this means I will have their sound advice
in assuming to the best of m y ability the responsibilities of this office. This will
also give me the opportunity to inform you through the Council of the present thoughts
of the State Board of Education and the State Department.
As we give thought to the matter we must consider ways and means of strengthening
rather than weakening our public schools. It seems extremely wise, also, that we all
be informed thoroughly of the situation in the State and in each locality and that we
avoid public statements offering panaceas for the solution of the problem which will
not clearly present itself until we are informed of the final decree of the Court.
I will greatly appreciate your cooperation.

DJH/p

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                    <text>COMMONWEALTH OF VIRGINIA
STATE BOARD OF EDUCATION
Richmond

SUPTSo MEMO. NO. 3029
June 7 195U

,

TO:

The Division Superintendent

FROM:

Dowell J. Howard, Superintendent of Public Instruction

You received the opinion of the Attorney General and Statement of the State Board
of Education regarding the recent Supreme Court decision. You are also aware of the
Statement of Governor Stanley calling for the operation of our public schools at
present and for the session 195U-55 on the basis of segregation in accordance with
Section lUO of the Constitution.
I am confident you recognize it as your duty and mine, as those charged with the
responsibility for administering our public schools, to fully respect this authority.
I am confident, also, that your local school boards with the State Board of Education
will conform as they may give consideration to any modification of their existing
policies. To me this is fundamental and essential until such time as we may receive
decrees from the Supreme Court and advice from the Attorney General and the Governor
of Virginia. To this end I solicit your wholehearted cooperation.
It seems wise that I make the following statement regarding the school construction
program.
There has been no change in the policies of the State Board of Education regarding
school building construction; the amount of State money to which each locality is
entitled has been allotted, and the need for school facilities in many localities
remains serious. It is my opinion that the better the facilities the less complicated
will be the solution regardless of the final decree of the Court.
Each community presents a different problem. My recommendation is that each
locality consider the problem in view of existing conditions. If you need the
facility, have the proposed facility located properly, have or can arrange for
financing, and have an agreement with your local school board, I recommend that you
proceed without delay. If you should need assistance from the State Department of
Education in modifying your previous decision, we stand ready and anxious to cooperate.
I can also assure you of the earnest consideration of the State Board of Education.
In the meantime it will be most helpful if you will submit the information on the
basis requested in Supts. Memo. No. 3022 - Survey of School Building Needs.
I am aware of the grave concern of many prompted by the decision of the Court and
conscious of the fact that neither Court decisions nor Legislative Acts change the
customs and beliefs of people. The nature of the final decree will determine the
degree of difficulty involved in making the necessary changes in the administration
of our public schools.
In the meantime, the problem must receive the calm,' 'deliberate, forthright and
prayerful consideration of all Virginians. It is the duty and, I know, the desire of
those charged with the responsibility for administration to participate fully.

C

J

�-

2-

We are aware that problems are not solved by sudden decisions. M a n ’s destiny has
been and will continue to be shaped by what he believes to be right and by what he
finally desires, not by hasty and faulty action..
The ultimate solution will come in varying degrees. The degree of difficulty will
vary with the problems as they present themselves in each school division of the State.
Definite procedures cannot culminate until such time as we have knowledge of the
final decree. In the meantime, however, the situation warrants our best thought. I
will, as early as feasible, ask for a meeting of the Superintendent’s Advisory Council
to give me the benefit of their counsel. By this means I will have their sound advice
in assuming to the best of m y ability the responsibilities of this office. This will
also give me the opportunity to inform you through the Council of the present thoughts
of the State Board of Education and the State Department.
As we give thought to the matter we must consider ways and means of strengthening
rather than weakening our public schools. It seems extremely wise, also, that we all
be informed thoroughly of the situation in the State and in each locality and that we
avoid public statements offering panaceas for the solution of the problem which will
not clearly present itself until we are informed of the final decree of the Court.
I will greatly appreciate your cooperation.

DJU/p

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                    <text>Report of a Speech by Attorney General J. Lindsay Almond of Virginia
From Washington Po3t and Times-Herald, June 8, 1954.

RICHMOND, Juns 7 (Associated Press).— Proposals ranging from aban­
donment of public education by the state to prompt and full integration of
races :m the public schools were placed before State department heads today.
Attorney General J. Lindsay Almond, Jr., told the state agency luncheon
group the views were among some of many proposals he had heard put forward
in the wake of a Supreme Court decision May 17 holding public school segre­
gation to be unconstitutional.
Almond said ha was urging no specific course of action on his own
part at this time, in relaying the suggestions to t&amp;e department heads.
The meeting was closed to the press but reporters learned that Almond
cit8d t.t least seven suggestions that had come to him from various quarters.
These included:
1.

Outright abandonment of the State's traditional role in public
education, leaving parents to educate their children within their
own discretion end at their own expense.

2.

Prompt and voluntary integration of pupils and teachers, without
waiting for the final decrees in which the court is expected to
spell out how ana when segregation must come to an end.

3.

The drawing of school districts, wherever possible, on geographic
and residential limes in order to keep the races separate to the
maximum extent.

A.

Repeal of the State's compulsory attendance law and related
school bus transportation service.

5.

Designation of specific schools to be staffed with white teachers
and other specific schools to be staffed with Negro teachers,
3,eaving parents their option of where to send their children.

6.

Adopting a policy of not compelling any child of any race to
attend a school in which he would find himself part of a racial
minority,

7.

Vesting local schools officials with authority, on the written
petition of s. parent or guardian, to transfer a child whenever
school officials and parents agree that a transfer would be for
the pupil's best interests.

�pt t- trz z

3

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                    <text>COMMONWEALTH OF VIRGINIA
STATE BOARD OF EDOCATION
Richmond 16
SUPTS. MEMO. NO. 3154
June 1, 1955
To:

The Division Superintendents

From:

Dowell J. Howard, Superintendent of Public Instruction

Subject:

Text of the Supreme Court’ Opinion
s

Washington, May 31 (AP) - Following is the text of the Supreme Court's Opinion today
on the public school segregation cases: (About 1400)
These cases were decided on May 17, 1954. The opinions of that date declaring
the fundamental principle that racial discrimination in public education is unconsti­
tutional, are incorporated herein by reference. All provisions of federal, state, or
local law requiring or permitting such discrimination must yield to this principle.
There remains for consideration the manner in which relief is to be accorded.
"Because these cases arose under different local conditions and their dis­
position will involve a variety of local problems, we requested further argument
on the question of relief. In view of the nationwide importance of the decision,
we invited the Attorney General of the United States and the Attorneys General of all
states requiring or permitting racial discrimination in public education to present
their views on that question. The parties, the United States, and the states of
Florida, North Carolina, Arkansas, Oklahoma, Maryland and Texas filed briefs and
participated in the oral argument.
"These presentations were informative and helpful to the court in its consideration
of the complexities arising from the transition to a system of public education freed
of racial discrimination. The presentations also demonstrated that substantial steps
to eliminate racial discrimination in public schools already have been taken, not only
in some of the communities in which these cases arose, but in some of the states ap­
pearing as amici curiae, and in other states as well. Substantial progress has been
made in the District of Columbia and in the communities in Kansas and Delaware involved
in this litigation. The defendants in the cases coming to us from South Carolina and
Virginia are awaiting the decision of this court concerning relief.
"Full implementation of these constitutional principles may require solution of
varied local school problems. School authorities have the primary responsibility for
elucidating, assessing, and solving these problems; courts will have to consider
whether the action of school authorities constitutes good faith implementation of the
governing constitutional principles. Because of their proximity to local conditions
and the possible need for further hearings, the courts which originally heard these
cases can best perform this judicial appraisal. Accordingly, we believe it appropriate
to remand the cases to those courts.
"In fashioning and effectuating the decrees, the courts will be guided by
equitable principles. Traditionally, equity has been characterized by a practical
flexibility in shaping its remedies and by a facility for adjusting and reconciling

�Supts. Memo. No. 3154

-

2

-

June 1, 1955

public and private needs. These cases call for the exercise of these traditional
attributes of equity power.
"At stake is the personal interest of the plaintiffs in admission to public schools
as soon as practicable on a non discriminatory basis. To effectuate this interest
may call for elimination of a variety of obstacles in making the transition to school
systems operated in accordance with the constitutional principles set forth in our
May 17, 1954, decision. Courts of equity may properly take into account the public
interest in the elimination of such obstacles in a systematic and effective manner.
But it should go without saying that the vitality of these constitutional principles
cannot be allowed to yield simply because of disagreement with them.
"While giving weight to these public and private considerations, the courts will
require that the defendants make a prompt and reasonable start toward full compliance
with our May 17, 1954, ruling. Once such a start has been made, the courts may find
that additional time is necessary to carry out the ruling in an effective manner. The
burden rests upon the defendants to establish that such time is necessary in the public
interest and is consistent with good faith compliance at the earliest practicable date.
To that end, the courts may consider problems related to administration, arising from
the physical condition of the school plant, the school transportation system, personnel,
revision of school districts and attendance areas into compact units to achieve a
system of determining admission to the public schools on a non racial basis, and re­
vision of local laws and regulations which may be necessary in solving the foregoing
problems. They will also consider the adequacy of any plans the defendants may pro­
pose to meet the problems and to effectuate a transition to a racially non discriminatory
school system. During this period of transition, the courts will retain jurisdiction
of these cases.
"The judgments below, except that in the Delaware case, are accordingly reversed
and remanded to the district courts to take such proceedings and to enter such orders
and decrees consistent with this opinion as are necessary and proper to admit to
public schools on a racially non discriminatory basis with all deliberate speed the
parties to these cases. The judgment in the Delaware case — ordering the immediate
admission of the plaintiffs to schools previously attended only by white children —
is affirmed on the basis of the principles stated in our May 17, 1954, opinion, but
the case is remanded to the Supreme Court of Delaware for such further proceedings
as that court may deem necessary in light of this opinion.
'It is so ordered.

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                    <text>IN T H E U N I T E D S T A T E S D I S T R I C T C O U R T
F O R T H E E A S T E R N DISTRICT O F COLUMBIA
A L E X A N D R I A DIVISION

C O N S T A N C E C A R T E R , an infant, b y Eleanor Taylor,
her parent and next friend, et al.,
Plaintiffs,
vs.

:
:
:

THE SCHOOL B O A R D OF ARLINGTON COUNTY,
VIRG I N I A , a body corporate, et al.,

:

Defendants,
A L I C E B A I L E Y , an infant, by G e o r g e L. Bailey,
her father and next friend,
A R T H U R B R O W N , an infant, b y Dorothy B r o w n , his
m o t h e r and next friend,
G E R A L D B U L L O C K , an infant, by J a m e s E. Bullock,
his father and next friend.
S H E R M A N B U L L O C K , an infant, by R u b y Green, his
m o t h e r and next friend.
R O B E R T A F L A C K , an infant, by Irene Flack, her
m o t h e r and next friend,
S A M U E L F R E E M A N , an infant, by Lindsey F r e e m a n ,
his father and next friend,
O Z E L L A G A T L I N G , an infant, by William Gatling,
her father and next friend,
H E L E N G E E , an infant, by Ellen Richardson, her
m o t h e r and next friend,
R O B E R T G O O D I N E , an infant, by Robert Goodine,
his father and next friend
R U T H G R E E N , an infant, by G e o r g e Green, her
father and next friend,
W I L L I A M G R E E N , an infant, b y Celestine Green,
his m o t h e r and next friend,
R I C H A R D H A R R I S , an infant, by Richard S. Harris,
his father and next friend
G E O R G E H E A T L E Y A N D J A C K H E A T L E Y , infants,
by Julia Heatley, their m o t h e r and next friend,

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CIVIL A C T I O N
N O . 331

�D A N I E L J O H N S O N , an infant, by Daniel Johnson,
his father and next friend.
G E O R G E M A N S F I E L D , an infant, b y H a r r y Mansfield,
his father and next friend,
G E O R G E M A R S H A L L , an infant, by A n n a Marshall,
his m o t h e r and next friend,
JANE! M I N O R , E L A I N E M I N O R and F L O R E N C E M I N O R ,
infants, by Lola Minor, their m o t h e r and next friend,
J A M E S H E N R Y M O O R E and J O H N R O B E R T M O O R E ,
infants, by E m m a M o o r e , their m o t h e r and next friend.
F R A N K N E W M A N , an infant, by F. N e w m a n , his
father and next friend,
E R M O N N I C K E N S , an infant, by John Nickens, his
father and next friend,
A L V I N P O L L A R D , an infant, by Pauline Nealj her
m o t h e r and next friend.
B A R B A R A P R I C E , an infant, by Pauline Neal,, her
m o t h e r and next friend,
T H E L M A R U S S E L L , an infant, by O. Russell, her
m o t h e r and next friend,
J A M E S S H E P H E R D , an infant, b y Milton Shepherd,
his father and next friend
G E O R G I A T A Y L O R , an infant, by M a r y Lockett, her
m o t h e r and next friend,
J A N I E T I L L M A N , an infant, b y J. M , Tillman, her
m o t h e r and next friend,
W A L T E R V O L L I N S , an infant, b y Lucille Vollins,
his m o t h e r and next friend,
P A V E L L B E S S , an infant, by Lucille Bess, his
m o t h e r and. next friend,
O T T O H U G H B O S W E L L , an infant, by M a r y H,
Boswell, his m o t h e r and next friend,
K E N N E T H B U R T O N , an infant, b y Ruth Burton, his
m o t h e r and next friend,
W I L L I A M B Y R D , an infant, by Corrine Byrd, his
m o t h e r and next fripnd,
F R E D C O U N C I L , an infant, b y Aileen Council, his
m o t h e r and next friend,
B E R N A R D F E R N A N D E R S , an infant, by M a r y
Fernanders, his m o t h e r and next friend.

�JA M E S G A SK IL L , a n in fa n t, by Jo h n G a s k ill, S r .
h is f a th e r and n e x t fr ie n d .
A R C H IE G R E E N , a n in fa n t, b y G e o rg ia G re e n , h is
m o th e r a n d n e x t fr ie n d
IRVING G R E E N , an in fa n t, b y H e n ry G re e n , h is
f a th e r and n e x t f rie n d ,

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BERN A RD H A RRIS, J R . , a n irfa n t, b y B e r n a r d H a r r i s ,
S r . , h is f a th e r and n e x t f rie n d ,
E A R L O . L O C K E T T , a n in fa n t, by H a ttie B ro w n , h is
m o th e r a n d n e x t frie n d ,
ENNIS P IN K E T T , an in fa n t, by H e le n P in k e tt, h is
m o th e r and n e x t f r i e n d ,
B E R N A R D S C O T T , an in fa n t, b y E n lie S c o tt, h is
m o th e r and n e x t f rie n d ,
JA M E S S H E P P A R D , a n in fa n t, b y M ilto n S h e p p a rd ,
h is f a th e r a n d n e x t fr ie n d ,
W A L T E R SM ITH , an in fa n t, by F l o r e n c e S m ith , h is
m o th e r a n d n e x t fr ie n d ,
C A R R O L L TH O M PSO N , a n in fa n t, b y C la r e n c e
"T h o m p so n , h e r f a th e r and n e x t frie n d ,
L IL L IE TH O M PSO N , an in fa n t, b y R o b e rt T h o m p s o n ,
h e r f a th e r and n e x t fr ie n d .
E R N E S T W ASHINGTON, a n in fa n t, by W illie W au ls,
h is m o th e r and n e x t f r ie n d .
R O B E R T W A T ER S, an in fa n t, by In n a W a te r s , h is
m o th e r and n e x t fr ie n d ,

:

and
G E O R G E L . B A IL E Y , D O RO TH Y BROW N, JA M E S E .
B U L L O C K , RUBY G R E E N , IR E N E F L A C K , LIN D SEY :
F R E E M A N , W ILL IA M G A T L IN G , E L L E N R IC H A R D ­
SON, R O B E R T GO ODIN E, G E O R G E G R E E N ,
:
C E L E S T IN E G R E E N , R ICH A RD S.. H A RRIS,- JU LIA
H E A T L E Y , D A N IE L JOHNSON, H A RRY M A N SF IE L D , ;
ANNA M A R SH A LL, LOLA M IN OR, EMMA M O O RE,
F . NEW M AN, JO H N N ICK EN S, S T E R L IN G H . HARRIS :
P A U L IN E N E A L , O. R U S S E L L , M IL T O N S H E P H E R D ,
M ARY L O C K E T T , J . M . T IL L M A N , L U C IL L E V O LU N S:
L U C IL L E BESS, M ARY H . B O S W E L L , R U TH B U RTO N ,
C O R R IN E BY RD , A IL E E N CO U N CIL, MARY
F E R N A N D E R S , JO HN G A SK IL L , S R ., GEORGIA G R E E N
HENRY G R E E N , BERN A RD H A RRIS, SR. , H A T T IE
:
BROW N, H E L E N P IN K E T T , E N L IE SC O T T , M IL T O N
S H E P P A R D , F L O R E N C E SM ITH , C L A R E N C E
:
TH O M PSO N , R O B E R T TH O M PSO N , .W ILLIE W AULS,
AND INNA W A T E R S,
:
A p p lic a n ts fo r In te rv e n tio n

�MOTION TO INTERVENE

4

T h e a b o v e - n a m e d applicants for intervention respectfully m o v e the
Court for an order permitting them, as m e m b e r s of the class on behalf of
w h i c h this action is brought, to intervene as parties-plaintiff in this action,
and permitting their proposed complaint in intervention annexed hereto to be
filed, in order to assert the matters set forth therein, upon the following
grounds:
1.

Infant applicants for intervention are a m o n g those generally

classified as Negroes, are citizens of the United States and of the C o m m o n ­
wealth of Virginia, and are residents of and domiciled in the County of
Arlington, Virginia. T h e y are within the statutory age limits of eligibility
to attend the public senior high schools of said County and possess all quali­
fications and satisfy all requirements for admission thereto, and are in fact'/
attending one of the public schools, torwit, the Hoffman- B o s t o n High School,
of said County under the supervision, operation and control of defendants.
2.

Adult applicants for intervention are a m o n g those generally

classified as Negroes, are citizens of tho United States and of the C o m m o n ­
wealth of Virginia, and are reSiddSts of and domiciled in the County of
Arlington, Virginia.

T h e y are parents or guardians of infant applicants for

intervention, and are taxpayers of the United States and of said C o m m o n ­
wealth and County.

All adult applicants for intervention having control or

charge of any u n e x e m p t e d child w h o has reached the seventh birthday and has
not passed the sixteenth birthday are required to send said child to attend
school or receive instruction (Code of Virginia, 1950, Title 22, Chapter 12,
Article 4, sections 22-251 to 22-256).
3.

Applicants for intervention should be permitted to intervene as

parties-plaintiff in this action upon the following grounds:
(a) T h e y are m e m b e r s of the class on behalf of which the
original action is brought.
(b) T h e y have a substantial interest in the subject matter of
the action.
(c) T h e representation of their interest by the original plain­
tiff and/or plaintiffs by intervention in this action is or
m a y be inadequate for the reason that the original plaintiff

�5
has withdrawn f r o m the H o f f m a n - B o s t o n High School, and
one of the two intervening plaintiffs has been graduated
f r o m said school, and the other of the intervening plain­
tiffs is expected to be graduated f r o m said school during
the current school session and before the fin.al adjudica­
tion of this action.
(d) T h e y are and will be bound by any judgment, decree or order
heretofore or hereafter entered in this action.
(e) Their interest and the m a i n action have questions of law
and fact in c o m m o n .
(f) Their intervention will not to any extent delay or prejudice
the adjudication of the rights of the original parties.
4.

T h e interest of applicants for intervention is such that their

intervention in this action is necessary to the protection of their interest
b e c ause of the following facts:
(a) Infant applicants for intervention are within the statutory
age limits of eligibility to attend the public senior high
schools of the County of Arlington, Virginia, and possess
all qualifications and satisfy all requirements for a d ­
mission thereto, as hereinbefore set forth in para g r a p h 1
hereof.
(b) Adult applicants for intervention having control or charge
of any u n e x e m p t e d child w h o has reached the seventh birthday
and has not p a ssed the sixteenth birthday are required to
send said child to attend school or receive instruction (Code
of Virginia, 1950, Title 22, Chapter 12, Article 4, sections
22-251 to 22-256), as hereinbefore set forth in para g r a p h 2
hereof.
(c) Defendants have denied, and are denying, because of their
race or color, infant applicants for intervention, and all
other N e g r o children of public school age similarly situated
residing in the County of Arlington, Virginia, public senior
high school educational opportunities, advantages and facili­
ties equal to the public senior high school educational o p p o r ­
tunities, advantages and facilities afforded and available to
children of public school age similarly situated residing in
said County w h o are not Negroes, and have enforced and e x e ­
cuted and are enforcing and executing laws of the C o m m o n ­
wealth of Virginia, and have enforced, executed and pursued
and are enforcing, executing and pursuing, policies, practices,
c u s t o m s and usages, which prohibit, because of their race or
color, infant applicants for intervention, and all other N e g r o
children of public school age similarly situated residing in
said County, f r o m attending the only public senior high, school
of said County affording a senior high school education equal
to that afforded all other qualified students w h o are not
Negroes, and w hich c o m p e l infant applicants for Intervention,
and all other N e g r o children of public school age similarly
situated residing in said County, to attend a public school
segregated and set apart for N e g r o students residing in said
C o u n t y , and thereby have denied, and are denying, infant ap­
plicants for intervention their privileges and immunities as
citizens of the United States, their liberty and property with­
out due process of law, and the equal protection of the laws,
secured by the Fourteenth A m e n d m e n t of the Constitution

�of the United States, section 1, and the rights secured by
Title 8, United States Code, section 41®
(d)

Defendants have denied, and are denying, because of their
race or color, adult applicants for intervention, and all
other parents and guardians of Negro children of public
school age similarly situated residing in the County of
Arlington, Virginia, because of their race or color and/or
the race or color of their respective children, rights and
privileges of sending their respective children to the only
public senior high school established, operated or maintained
by defendants affording public senior high school educational
opportunities, advantages and facilities equal to the public
senior high school educational opportunities, advantages and
facilities afforded and available to children of public
school age similarly situated residing in said County who are
not Negroes, and thereby have denied, and are denying adult
applicants for intervention, and other parents and guardians
of Negro children of public school age similarly situated re­
siding in said County, their privileges and immunities as citi­
zens of the United States, their liberty and property without
due process of law, and the equal protection of the laws, se­
cured by the Fourteenth Amendment of the Constitution of the
United States, section 1, and the right secured by Title 8,
United States Code, section 41®

(e)

Applicants for intervention are members of the class on be­
half of which this action is brought, and are entitled to
the benefit of and are affected by any judgment, decree or
order entered herein.

(f)

The representation of the interest of applicants for inter­
vention by the original plaintiff and/or the plaintiffs by
intervention in this action is or may be inadequate for the
reason that the original plaintiff has withdrawn from the
Hoffman-Boston High School, and one of the two intervening
plaintiffs has been graduated from said school, and the other
of the intervening plaintiffs is expected to be graduated from
said school during the current school session and before the
final adjudication of this action.

(g)

If the original
fail, the cause
brought a class
duly intervenes

plaintiffs and the plaintiffs by intervention
of action fails, even though they may have
action, unless some other member of the class
as a party-plaintiff.

"WHEREFORE, it is prayed that an order may be entered permitting the
above-named applicants for intervention to intervene as parties-plaintiff in
this action, and permitting their proposed complaint in intervention annexed
hereto to be filed, in order to assert the matters set forth therein.

/s/

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Oliver W. Hill________
Oliver W. Hill
623 North Third Street
Richmond 19, Virginia

�/s/

Martin A. Martin
Martin A. Martin
623 North Third Street
Richmond 19, Virginia

/s/

Spottsrrood W. Robinson, III
Spottswood If Robinson, III
f.
623 North Third Street
Richmond 19, Virginia

/s/

Leon A. Ransom_____________
Leon A. Ransom
1939 Thirteenth Street, N.W.
Washington, D. C.

Counsel for Applicants for Intervention.

�POINTS AMD AU1H0RI11ES IN SUPPORT OF
MOTION FOR INTERVKDITION

1.

Intervention must be granted when the representation of the ap­

plicants’ interest by existing parties is or may be inadequate and the appli­
cants are or may be bound by a judgment in the action, and may be granted when
the applicants’ claim and the main action have a question of law or fact in
common.
Rule 24(a), (b), Federal Rules of Civil Procedure.
2.

Further necessary or proper relief based on a declaratory judg­

ment or decree may be granted, after reasonable notice and hearing, against any
adverse party whose rights have been determined by such judgment.
Title 28, United States Code, section 2202.

/s/ Spottswood W. Robinson. Ill______________
Of Counsel for Applicants for Intervention.

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�IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

CONSTANCE CARTER, an infant, by Eleanor Taylor,
her parent and next friend, et al..
Plaintiffs,
vs.

:

THE SCHOOL BOARD OF ARLINGTON COUNTY, VIRGINIA,
a body corporate, et. al.,
Defendants,
ALICE BAILEY, an infant, by George L. Bailey,
her father and next friend,
ARTHUR BROWN, an infant, by Dorothy Bronvn, his
mother and next friend
GERALD BULLOCK, an infant, by James E„ Bullock,
his father and next friend,
SHERMAN BULLOCK, an infant, by Ruby Green, his
mother and next friend,
ROBERTA FLACK, an infant,
mother and next friend,

by IreneFlack, her

SAMUEL FREEMAN, an infant, by Lindsey Freeman,
his father and next friend,
OZELLA GATLING, an infant, by William Gatling,
her father and next friend,
HELEN GEE, an infant, by Ellen Richardson, her
mother and next friend,
ROBERT GOODINE, an infant, by Robert Goodine,
his father and next friend,
RUTH* GREEN, an infant, by George Green, her
father and next friend,
WILLIAM GREEN, an infant, by Celestine Green,
his mother and next friend,
RICHARB HARRIS, an infant, by Richard S. Harris,
his father and next friend,
GEORGE HEATLEY and JACK HEATLEY, infants, by
Julia Heatley, their mother and next friend.

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CIVIL ACTION NO. 331

�DANIEL JOHNSON, an infant, by Daniel Johnson,
his father and next friend,
GEORGE MANSFIELD, an infant, by Harry Mansfield,
his father and next friend,
GEORGE MARSHALL, an infant, by Anna Marshall,
his mother and next friend,
JANE MINOR, ELAINE MINOR and FLORENCE MINOR,"
infants, b y Lola Minor, their mother and
next friend,
JAMES HENRY MOORE and JOHN ROBERT MOORE, infants,
by Emma Moore, their mother and next friend,
FRANK NEWMAN, and infant, by F. Newman,
father and next friend,

his

ERMON NICKENS, an infant, by John Nickens, his
father and next friend,
ALVIN POLLARD, an infant, b y Sterling H. Harris,'
his father and next friend,
BARBARA PRICE, an infant, by Pauline Neal, her
mother and next friend,
THEIMA RUSSELL, an infant, by 0. Russell, her
mother and next friend,
JAMES SHEPHERD, an infant, by Milton Shepherd,
his father and next friend,
GEORGIA TAYLOR, an infant, b y Mary Lockett, her
mother and next friend,
JANIE TILLMAN, an infant, by J. M. Tillman, her
mother and next friend,
WALTER VOLLINS, an infant, by Lucille Vollins,
his mother and next friend,
PAVELL BESS, an infant, by Lucille Bess, his mother
and next friend,
OTTO HUGH BOSWELL, an infant, by Mary H. Boswell,
his mother and next friend,
KENNETH BURTON, an infant, by Ruth Burton, his
mothdr and next friend,
WILLIAM BYRD, an infant, by Corrine Byrd, his
mother and next friend,
FRED COUNCIL, an infant, by Aileen Council, his
mother and next friend,
BERNARD FERNANDERS, an infant, by Mary Fernanders,
his mother and next friend,

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�JAMES GASKILL, an infant, by John Gasld.ll, Sr.,
his father and next friend,
ARCHIE GREEN, an infant, by Georgia Green, his
mother and next friend,
IRVING GREEN, an infant, by Henry Green, his
father and next friend,
BERNARD HARRIS, JR., an infant, by Bernard Harris,
Sr., his father and next friend,
EARL 0. LOCKET, an infant, by Hattie Brown, his
mother and next friend,
ENNIS PINKETT, an infant, by Helen Pinkett, his
mother and next friend,
BERNARD SCOTT, an infant, by Enlie Scott, his
mother and next friend,
JAMES SHEPPARD, an infant, by Milton Sheppard,
his father and next friend,
WALTER SMITH, an infant, by Florence Smith, his
mother and next friend,
CARROLL THOMPSON, an infant, by Clarence Thompson,
her father and next friend,
LILLIE THOMPSON, an infant, by Robert Thompson, her
father and next friend,
ERNEST WASHINGTON, an Infant, by Willie Wauls, his
mother and next friend,
ROBERT WATERS, an infant, by Inna Waters, his mother
and next friend,

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and
GEORGE L. BAILEY, DOROTHY BROWN, JAMES E. BULLOCK,
RUBY GREEN, IRENE FLACK, LINDSE' FREEMAN, WILLIAM
GATLING, ELLEN RICHARDSON, ROBERT GOODINE, GEORGE
GREEN, CELESTINE GREEN, RICHARD S. HARRIS, JULIA
HEATLEY, DANIEL JOHNSON, HARRY MANSFIELD, ANNA
MARSHALL, LOLA ICHOR, EMMA MOORE, F. NEWMAN, JOHN
NICKENS, STERLING H. HARRIS, PAULINE HEAL, 0 . RUSSELL,
:
MILTON SHEPHERD, MARY LOCKETT, J. M. TILLMAN, LUCILLE
VOLLINS, LUCILLE BESS, MARY H. BOSWELL, RUTH BURTON,
CORRIHE BYRD, AILEEN COUNCIL, MARY FERNANDERS, JOHN GASKILL, SR., GEORGIA GREEN, HENRY GREEN, BERNARD HARRIS,
SR., HATTIE BROWN, HELEN PINKETT, ENLIE SCOTT, MILTON
SHEPPARD, FLORENCE SMITH, CLARENCE THOMPSON, ROBERT
THOMPSON, WILLIE WAULS, and INNA WATERS,
Interveners

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�INTERVENERS 1 COMPLAINT I I INTERVENTION
I

1.

(a)

The jurisdiction of this Court is invoked under Title 28,

United States Code, section 1331.

This action arises under the Fourteenth

Amendment of the Constitution of the United States, section 1, and the Act of
May 31, 1870, Chapter 114, section 16, 16 Stat. 144 (Title 8, United States Code,
section 41), as hereinafter more fully appears.

The matter in controversy

exceeds, exclusive of interest and cost, the sum of value of Tnree Thousand
(53,000.00) Dollars.
(b)
United States Code, section 1343.

The jurisdiction of this Court is also invoked under
This action is authorized by the Act of

April 20, 1871, Chapter 22, section 1, 17 Stat. 13, (Title 8, United States
Code, section 43), to be commenced by any citizen of the United States or other
person 'within the jurisdiction thereof to redress the deprivation, under color
of a state law, statute, ordinance, regulation, custom or usage, of rights,
privileges and immunities secured by the Fourteenth Amendment of the Constitu­
tion of the United States, section 1, and by the Act of May 31, 1870, Chapter
114, section 16, 16 Stat. 144, (Title 8, United States Code, section 41), pro­
viding for the equal rights of citizens and of all persons within the juris­
diction of the United States, as hereinafter more fully appears.
(c)

The jurisdiction of this Court is also invoked under Title 28,

United States Code, section 2281.

This is an action for a permanent injunction

restraining, upon the ground of unoonstitutionality, the enforcement, operation
and execution of provisions of the Constitution and statutes of the Common­
wealth of Virginia by restraining the action of defendants, officers of such
Commonwealth, in the enforcement and execution of such Constitutional provisions
and statutes, as hereinafter more fully appears.
(d)

The jurisdiction of this Court is also invoked under Title 28,

United States Code, section 2202.

This is an action for the granting of further

necessary and proper relief, based on a declaratory judgment, against adverse

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�parties whose rights have been determined by such Judgment, as hereinafter more
fully appears.
2.

This action is a proceeding under Title 28, United States Code,

sections 2201 and 2202, for a judgment declaratory of the rights and other legal
relations of interveners, and all other Negro children attending the public
schools in the Commonwealth of Virginia, and their respective parents and
guardians, similarly situated and affected with reference to the matters here
involved, and an injunction, for the purpose of determining and redressing
questions and matters of actual controversy between the parties, to-wit:
(a)

The question whether the action of defendants, or either of them,

in enforcing cr executing against infant interveners, or any other Negro child
of public school age similarly situated residing in the County of Arlington,'
Virginia, or either or any of them, the laws of the Commonwealth of Virginia
hereinafter specified in paragraph 15 hereof, or either or any of them, which
laws prohibit, because of their race or color, infant interveners, and all other
Negro children of public school age similarly situated residing in said County,
from attending the only public senior high school of said County affording a
senior high school education equal to that afforded all other qualified students
who are not Negroes, and which compel infant interveners, and all other Negro
children of public school age similarly situated residing in said County, to
attend the senior high school department of a segregated public school set apart
for Negro students in said County, denies infant interveners, and other Negro
children of public school age similarly situated, residing in said County, their
privileges and immunities as citizens of the United States, their liberty and
property without due process of law, and the equal protection of the laws,
secured b y the Fourteenth Amendment of the Constitution of the United States,
section 1, and the rights secured b y Title 8, United States Code, section k-1,
and is for these reasons unconstitutional and void.
(b)

The question whether the action of defendants, or either of them,

in enforcing, executing or pursuing against infant interveners, or any other

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�Hegro child of public school age similarly situated residing in the County of
Arlington Virginia, or either or any cf them, the policy, practice, custom and
usage hereinafter specified

in paragraph 16 hereof, which policy, practice,

custom and usage prohibit, because c-f their race or color, infant interveners,
and all other Hegro children of public school age similarly situated residing
in said County, from attending the only senior high school of said County
affording a senior high school education equal to that afforded all other quali­
fied students who are not Negroes, and which compel infant interveners, and all
other Hegro children of public school age similarly situated residing in said
County to attend the senior high school department of a segregated public school
set apart for Negro students in said County, denies infant interveners, and other
Negro children of public school age similarly situated residing in said County,
their privileges and immunities as citizens of the United States, their liberty
and property without due process of law, and the equal protection of the laws,
secured b y tbs Fourteenth Amendment of the Constitution of the United States,
section 1, and the rights secured by Title 8 , United States Code, section 1(1,
and is for these reasons unconstitutional and void*
(c)

The question whether the action of defendants, or either of them,

in enforcing, executing or pursuing against adult interveners, or any other
parent or guardian of Negro children of public school age similarly situated
residing in the County of Arlington, Virginia, or either or any of them, the
policy, practice, custom and usage hereinafter specified in paragraph 18 hereof,
of denying them, because of their race or color and/or the race or color of their
respective children, rights and privileges of sending their respective children
to a public senior high school in said County with educational opportunities,
advantages and facilities, including those hereinafter specified, equal to the
educational opportunities, advantages and facilities afforded and available to
children of public school age similarly situated residing in said County who are
not Negroes, denies adult interveners, and other parents and guardians of Negro
children of public school age similarly situated residing in said County, their
privileges and immunities as citizens of the United States, their liberty and
property without due process of law, and the equal protection of the laws.

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�secured 'by the Fourteenth Amendment of the Constitution of the United States,
section 1, and the rights secured by Title 8, United States Code, section

kl,

and is for these reasons unconstitutional and void.
3.

Infant interveners are among those generally classified as negroes,

are citizens of the United States and of the Commonwealth of Virginia,

and are

residents of and domiciled in the County of Arlington, Virginia.

are with­

They

in the statutory limits of eligibility to attend the public senior high schools
of said County, and possess all qualifications and satisfy all requirements for
admission thereto, and are in fact attending the senior high school department
of one of the public schools, to-wit, the Hoffman-Boston High School, of said
County under the supervision, operation and control of defendants.

b. Adult interveners are among those generally classified as Negroes,
are citizens of the United States and of the Commonwealth of Virginia,
residents of and domiciled in the County of Arlington, Virginia.

and are

They are

parents or guardians of infant interveners, and are taxpayers of the United
States and of said Commonwealth and County.

All adult interveners having con­

trol or charge of any unexempted child who has reached the seventh birthday and
has not passed the sixteenth birthday are required to send said child to attend
school or receive instruction (Code of Virginia, 1950, Title 22, Chapter 12,
Article

k, sections 22-251 to 22-256).
5 . Interveners bring this action in their own behalf, and, there

being common questions of law and fact affecting the rights of all other Negro
children attending the public schools in the Commonwealth of Virginia, and their
respective parents and guardians, similarly situated and affected with reference
to the matters here involved, who are so numerous as to make it impracticable
to bring all before the Court, and a common relief being sought, as will herein­
after more fully appear, bring this action pursuant to Rule 23 (a) of the
Federal Rules of Civil Procedure, as a class action, also on behalf of all
other Negro children attending the public schools in the Commonwealth of Virginia,
and their respective parents and guardians, similarly situated and affected with
reference to the matters here involved.

- 15 -

�6.

Defendant County School Board of Arlington County, Virginia,

exists pursuant to the Constitution and lavs of the Commonwealth of Virginia as
an administrative department of the Commonwealth of Virginia discharging
governmental functions (Constitution of Virginia, Article IX, section 133; Code
of Virginia, 1950, Title 22, Chapter 1, sections 22-1, £2-2, 22-5 to 22-9,
Chapter 6, Article 1, sections

£2-b^ to 22-57&gt; Chapter 6, Article 2, sections

22-59 to 22-88.2, Chapters 7 to 15, sections 22-101 to 22-330), and is declared
b y law to he a Body corporate (Code of Virginia, 1950, Title 22, Chapter 6,
Article 2, section 22063).
7.

Defendant William A. Early is Division Superintendent of Schools

of the County of Arlington, Virginia.

He holds office pursuant to the Consti­

tution and laws of the Commonwealth of Virginia as an administrative officer of
the public free school system of Virginia (Constitution of Virginia, Article XX,
section 133; Code of Virginia, 1950, Title 22, Chapter 1, section 22-1, 22-2,
22-5 to 22-9, Chapter
22-&gt;+5 to 22-330).

k, sections 22-31 to 22-lt-l, Chapters 6 to 15, sections

He is under the authority, supervision and control of, and

acts pursuant to, the orders, policies, practices, customs and usages of, and
established by, defendant County School Board of Arlington County, Virginia.

He

is made a defendant herein in his official capacity.
8.

The Commonwealth of Virginia has declared public education a

State function.

The Constitution of Virginia, Article IX, section 129, provides

"Free schools to he maintained. The General
Assembly shall establish and maintain an efficient
system of public free schools throughout the State".
Pursuant to this mandate, the General Assembly of Virginia has established a
system of public free schools in the Commonwealth of Virginia according to a
plan set out in Title 22, Chapters 1 to 15, inclusive, of the Code of Virginia
of 1950.

The establishment, maintenance and administration of the public school

system of Virginia is vested in a State Board of Education, a Superintendent of
Public Instruction, Division Superintendents of Schools, and County, City and
Town School Boards (Constitution of Virginia, Article IX, sections 131-133;
Code of Virginia, 1950, Title 22, Chapter 1, section 22-2).

- 16 -

�9.

The public schools of the County of Arlington, Virginia, are

under the control and supervision of defendants, acting as an administrative
department or division of the Commonwealth of Virginia (Code of Virginia, 1950,
Title 22, Chapter 1, sections 22-1, 22-2),

Defendants County School Board of

Arlington County, Virginia, is empowered and required to establish and maintain
an efficient system of public free schools in said County (Code of Virginia,
1950, Title 22, Chapter 1, sections 22-1, 22-5); to provide suitable and proper
school buildings, furniture and equipment, and to maintain, manage and control
the same (Code of Virginia, 1950, Title 22, Chapter 1, Article 1, section 22-72,
Article 4, section 22-97); to determine the studies to be pursued, the methods
of teaching, and the government to he employed in the schools (Code of Virginia,
1950, Title 22, Chapter 6, Article 4, section 22-97, Chapter 12, Article 2,
sections 22-233 to 22-240); to employ teachers (Code of Virginia, I95O, Chapter

6 , Article 1, section 22-72, Article 1 , section 22-97, Chapter 11, section 22;
202); to provide for the transportation of pupils (Code of Virginia, 1950, Title
22, Chapter 6, Article 1, section 22-72:; to enforce the school laws (Code of
Virginia, 1950, Chapter 6, Article 1, section 22-72, Chapter 6, Article 4, sec­
tion 22-97); and to perform the numerous other duties, activities and functions
essential to the establishment, maintenance and operation of the schools of said
County (Code of Virginia, I95O, Chapter 1, sections 22-1 to 22-10, Chapters 1 to
;

6 , sections 22-30 to 22-88,2, Chapters 4 to 5, sections 22-30 to 22-44, Chapter
6, Article 1, sections 22-4-5 to 22-58, Article 4, sections 22-89 to 22-100,
Chapters 4 -to 15, sections 22-30 to 22-330, Chapters 7 to 15, sections 22-101 to

22-230).
10.

On the 4th day of September, 194-7, the original plaintiff, and

infant, among those generally classified as Degrees, residing in the County of
Arlington, Virginia, b y her mother, filed her complaint in this Court alleging
that the then defendants had pursued, and were pursuing, policies, practices,
customs and usages of denying, because of their race or color, said plaintiff,
and other Hegro children of public school age similarly situated residing in said
County, senior high school educational opportunities, advantages and facilities

- 17 -

�equal to those afforded children similarly situated residing in said County who
are not Negroes, and thereby had denied, and were denying, them the equal pro­
tection of the laws secured b y the Fourteenth Amendment of the Constitution of
the United States, section 1, and the rights secured by Title 8, United States
Code, section 4-1.

In her complaint, said plaintiff sought a judgement or decree

declaring that the policies, practices, customs and -usages aforesaid were
violative of the Constitution and laws, aforesaid, and a permanent injunction
restraining said defendants from making such distinctions or any distinction
based upon race or color in the opportunities, advantages or facilities afforded
for the education of Negro children and children who are not Negroes residing
in said.County, or, in the alternative, a permanent injunction restraining said
defendants from denying said plaintiff, and those on whose behalf she sued,
admission to the enrollment in the senior high school established, maintained
and operated exclusively for children of public school age residing in said
County who are not Negroes.
11.

On the

2kth. day of October, 19^9&gt; Julius Brevard and Peggy

Council, each infants, among those generally classified as Negroes, residing in
the County of Arlington, Virginia, by their respective parents, filed their
petition alleging that defendants herein had denied them senior high school
educational opportunities, advantages and facilities, equal to the senior high
school educational opportunities, advantages and facilities afforded and avail­
able to children of public school age similarly situated residing in said County
who are not Negroes, and seeking intervention as parties- plaintiff, and praying
for the same relief sought by the original plaintiff.

By an order entered on

the 2^th day of October 19^9, their intervention was as parties-plaintiff
permitted.
12.

On the 7th day of December, 19^9, this Court rendered a written

opinion determining that the original plaintiff and the intervening plaintiffs
had not shown that defendants had unlawfully discriminated against them or
other Negro children of public school age residing in the County of Arlingon,
Virginia,

On the 12th day of December, 19^-9, this Court entered a final judgment

dismission the complaint and petitions.

-

18

-

�13.

Said plaintiffs having appealed from the judgment aforesaid to

the United States Court of Appeals for the Four-fo Circuit, said Court, on the
31st day of May, 1950, rendered an. opinion holding that defendants had denied,
heeause of their race or color, said intervening plaintiffs, and other Negro
children of public school age similarly situated residing in the County of
Arlington, Virginia, senior high school educational opportunities, advantages
and facilities equal to those afforded and available to children of public
school age residing in said County who are not negroes, which said opinion, and
a mandate issued to this Court, reversed the aforesaid judgment of this Court
and remanded the case to this Court for further proceedings in accordance with
said opinion.
14.

On the 8th day of September, 1950, this Court entered a judgment

providing in part as follows:
"Pursuant to said opinion and mandate, and sections
2201 and 2202 of Title £8 of the United States Code, it is
DECLARED:
"1. That the action of the defendants, and each of
them, in denying, or in refusing or failing to afford, because
of their race or color, plaintiffs Julius Brevard and Peggy
Council, or any other Hegro child similarly situated, the same
or equivalent public educational opportunities, advantages and
facilities for a senior high school education as those afforded
white children similarly situated, or in making any other
distinction based upon race of color in any of the educational
opportunities, advantages or facilities afforded by said de­
fendants for the public education of senior high school children
residing in Arlington County, Virginia, has denied, and is
denying, said plaintiffs, and other Negro children similarly
situated, the equal protection of the laws secured by section 1
of the Fourteenth Amendment of the Constitution of the United
States, and the rights secured by section tl of Title 8 of the
United States Code: and
"2. That the defendants must provide said plaintiffs,
and all other Hegro children similarly situated, the same or
equivalent public senior high school educational opportunities,
advantages and facilities in conformity to the equal protection
clause of section 1 of the Fourteenth Amendment of the Consti­
tution of the United States, and the provisions of section it1
of Title 8 of the United States Code, and must provide them as
soon as they do for pupils of any ether group or race.
"A. It is therefore ADJUDGED, ORDERED and DECREED that
the defendants, the School Board of Arlington County, Virginia,
and William A. Early, Division Superintendent of Schools of
Arlington County, Virginia, and each of them, their successors
in office, and their agents and employees, be, and they hereby
are, permanently and perpetually restrained and enjoined forth­
with from denying, and from refusing or failing to afford.

- 19 -

*

�"because of their race or color., said plaintiffs, or any
other Negro child similarly situated, the same or equivalent
public educational opportunities, advantages and facilities
for a senior high school education as those afforded white
children similarly situated, and from making any other
distinction "based upon race or color in any of the opportunities,
advantages or facilities provided "by said defendants for the
public education of senior high school children residing in
Arlington County, Virginia, * * * * * * * ”
15.

Article IX, section 1 4 0 of the Constitution of the Commonwealth
*-,

of Virginia provides as follows?
"White and colored children shall not be
taught in the same school,"

The Code of Virginia of

Title 22, Chapter 12, Article 1, section

22-221, provides as follows?

t

"White and colored persons shall not be taught
in the same school, but shall be taught in separate
schools, under the same general regulations as to
management, usefulness and efficiency."
l6o

Defendants, and each of them, and their agents and employees,

have pursued, and are pursuing, the policy, practice, custom and usage of
establishing, maintaining and operating separate public schools for children of
public school age who are and are not, considered to be of Negro descent, respec­
tively, residing in the County of Arlington, Virginia, and of denying all Negro
children of public school age similarly situated residing§in said County, because
of their race or color, the right and privilege of attending the public senior high
school, to-wit, the Washington-Lee High School, established, maintained and
operated exclusively for children of public school age residing in said County
who are not Negroes, and of compelling all Negro children residing in said
County, including all infant interveners, and all other Negro children of
public school age similarly situated residing in said County, because of their
race of color, to attend the senior high school department of a segregated
public school, to-wit, the Hoffman-Boston High School, set apart for Negro
students in said County0
17o

Defendants, and each of them, and their agents and employees,

have enforced, executed and pursued, and are enforcing, executing and pursuing,
against infant interveners, and all other Negro children of public school age

-

20

-

�similarly situated residing in the County of Arlington, Virginia, the policy,
practice, custom and usage of denying them because of their race or color,
public senior high school educational opportunities, advantages and facilities,
including, those hereinafter specified, equal to those afforded and available
to children of public school age similarly situated residing in said County
who are not Negroes.

The senior high school department of the Hoffman-Boston

High School, which defendants, and each of them, and their agents and employees,
require infant interveners, and all other Negro children of public school age
similarly situated residing in said County, to avail themselves, is unequal
and inferior in plant, equipment, curricula, and in other opportunities,
advantages and facilities, and in all other material respects, to the public
senior high school established, maintained and operated for all other children
of public school age similarly situated residing in said County who are not
Negroes.

Infants interveners, and all other Negro children of public school

age similarly situated residing in said County, are required to avail them­
selves of said unequal and inferior opportunities, advantages and facilities
because of their race or color.
18.

Defendants, and each of them, and their agents and employees,

have enforced, executed and pursued, and are enforcing, executing and pursuing,
against adult interveners, and all other parents and guardians of Negro child­
ren of public school age similarly situated residing in the county of Arlington,
Virginia, the policy, practice, custom and usage of denying them because of
their race or color and/or the race and color of their respective children,
rights and privileges of sending their respective children to a public senior
high school in said County with educational opportunities, advantages and
facilities, including those hereinbefore specified, equal to the educational
opportunities, advantages and facilities afforded and available to children of
public school age similarly situated residing in said County who are not Negroes.
19o

Defendants, and each of them, and their agents and employees,

have pursued, and are pursuing, the policy, practice, custom and usage herein­
before specified in paragraph 16 hereof in the enforcement and execution of the

-

21

-

�laws of the Commonwealth of Virginia hereinbefore specified in paragraph 1J
hereof, but for

which laws defendants would not have pursued, and would not be

now pursuing, the policies, practices, customs and usages hereinbefore specified
in paragraph 16 to 18, inclusive, hereof, and would not have denied, and would
not now deny, infant interveners, or other Negro children of public school age
similarly situated residing in the County of Arlington, Virginia, the right and
privilege of attending the public senior high school established, maintained
and operated for children of public school age similarly situated residing in
said County who are not Negroes, and would not have deprived, and would not
continue to deprive, infant interveners, or other Negro children of public
school age similarly situated residing in said county, of their rights secured
by the Constitution and laws of the United States, as hereinbefore and herein­
after more fully set forth.
20.

Infant interveners, and all other Negro children of public

school age similarly situated residing in the County of Arlington, Virginia,
are separated, segregated and excluded, as aforesaid , and they, and adult
interveners, and all parents and guardians of Negro children of public school
age similarly situated residing in said County, are discriminated against, as
aforesaid, on the basis of and because of their race or color.'
21.

It is impossible for infant interveners, or any other Negro child

of public school age similarly situated residing in the County of Arlington,
Virginia, or either or any of them, to secure or obtain public senior high
school educational opportunities, advantages or facilities, including those
hereinbefore specified, equal to those afforded and available to children of
public school age similarly situated residing in said County who are not Negroes,
or for adult interveners, or either or any of them, or any other parent or
guardian of a Negro child or children of public school age similarly situated
residing in said County, to secure or obtain rights and privileges of sending
their respective children to a public senior high school in said County with
educational opportunities, advantages and facilities, including those herein­
before specified, equal to the educational opportunities, advantages and

-

22

-

�23
facilities afforded and available to children of public school age similarly
situated residing in said County w h o are not Negroes, as long as defendants, or
either of them, or their agents or employees, enforce or execute against infant
interveners, or any other N e g r o child of public school age similarly situated
residing in said County, the laws of the C o m m o n w e a l t h of Virginia specified in
p aragraph 15 hereof, or either or any of then, or enforce, execute or pursue
against t h e m the policy, practice, c u s t o m and usage specified in p aragraph 16
hereof, or in any other m a n n e r pursue any policy, practice, c u s t o m or usage of
segregating students, on the basis of race or color, in the public senior high
school educational opportunities, advantages and facilities afforded students
residing in said County.

Infant interveners, and other N e g r o children of public

school age similarly situated residing in said County, can obtain equality of
public senior high school educational opportunities, advantages and facilities
in said County only if no distinction be m a d e on the basis of race or color in
the consideration of applicants for admission as students to the public senior
high school established, maintained and operated for children of public school
age similarly situated residing in said County, and by the admission, e nrollm e n t and education of infant interveners, and all other N e g r o children of public
school age similarly situated residing in said County, to and in any public
senior high school establi shed, maintained and operated for children of public
.school age ‘
Similarly situated residing in said County or any race, color or
group, at the s a m e time, and under the s a m e t e r m s and conditions, and with the
s a m e treatment, that children of public school age similarly situated residing
in said County of any other race, color or group are admitted, enrolled, e d u ­
cated and given therein, whether or not the discriminations specified in p a r a ­
graph 17 hereof are eliminated.
22.

T h e action of defendants, and each of them, in enforcing and

executing against infant interveners, or any other N e g r o child of public school
age similarly situated residing in the County of Arlington, Virginia, or either
or any of them, the laws of the C o m m o n w e a l t h of Virginia specified in para g r a p h
15 hereof, or either or any of them; and/or in otherwise acting pursuant to

�24
said laws, or either or any of them, to preclude, on the basis of race or color,
the admission, enrollment or education of infant interveners, or any other
N e g r o child of public school age similarly situated residing in said Gmnty, or
either or any of them, to and in any public senior high school established,
maintained or operated for children of public school age similarly situated
residing in said County of any race, color or group, at the s a m e time, and
under the s a m e t e r m s and conditions, and with the s a m e treatment, that children
of public school age similarly situated residing in said County of any other
race, color or group are admitted, enrolled, educated and given therein; and/dr
in enforcing, executing or pursuing against infant interveners, or any other
N e g r o child of public school age similarly situated residing in said County, or
either or any of them, the policy, practice, c u s t o m or usage specified in p a r a ­
graph 16 hereof, and/or in establishing, enforcing, executing or pursuing
against infant interveners, or any other N e g r o child of public school age simi- ■
larly situated residing in said County, any other policy, practice, c u s t o m or
usage which prohibits theqi, because of their race or color, f r o m attending the|
only public senior high school of said County affording a senior high school
education equal to that afforded all other qualified students w h o are not Negroes,
and/or in establishing, enforcing, executing or pursuing against infant inter­
veners, or any other N e g r o child of public school age similarly situated
residing in said County, or either or any of then, any other policy, practice,
c u s t o m or usage which c o m p e l s them, because of their race or color, to attend
the senior high school department of the segregated public school set apart forj
N e g r o students in said County, and/or in establishing, enforcing, executing orj
pursuing against infant interveners, or any other N e g r o child of public school
a g e similarly situated residing in said County, or either or any of them, any
other policy , practice, c u s t o m or usage m a k i n g any distinction, on the basis of
race or color, in the consideration of any applicant for admission as a student
to any public senior high school established, maintained or operated for
children of public school age similarly situated residing in said County of any
race, color or group; and/or in establishing, enforcing executing or pursuing
against infant interveners, or any other N e g r o child of public school age

�25
similarly situated residing in said County, or either or any of them, any other
policy, practice, c u s t o m or usage which precludes the admission, enrollment or
education of infant interveners, or any other N e g r o child of public school age
similarly situated residing in said County, or either or any of them, to and in
the public senior high school established, maintained or operated for children
of public school age similarly situated residing in said County of any race,
color or group, at the s a m e time, and under the s a m e t e r m s and conditions, and
with the s a m e treatment, that children of public school age similarly situated
of any other race, color or group are admitted, enrolled, educated or given
therein, and/or in enforcing, ■executing or pursuing against infant interveners,
or any other N e g r o child of public school age similarly situated residing in
said County, or either or any of thesm, the policy, practice, c u s t o m and usage
hereinbefore specified in paragraph 17 hereof, of denying them, because of their
race or color, public senior high school educational opportunities, advantages
and facilities, including those hereinbefore specified, equal to the public
senior high school opportunities, advantages, and facilities afforded and avail­
able to children of public school age similarly situated residing in said County
w h o are not Negroes, and/or in establishing, enforcing, executing or pursuing
against infant interveners, or any other N e g r o child of public school age s i m i ­
larly situated residing in said County, or either or any of them, any other
policy, practice, c u s t o m or usage of denying, or having the effect of denying,
them, because of their race or color, public senior high school educational
opportunities, advantages and facilities, including those hereinbefore specified,
equal to the public senior high school educational opportunities, advantages and
facilities afforded and available to children of public school age similarly
situated residing in said County w h o are not Negroes; and/or in m a k i n g any dis­
tinction, on the basis of race or color, in the consideration of infant inter­
veners, or any other N e g r o child of public school age similarly situated r e ­
siding in said County, or either or any of then, as an applicant for admission
is a student to any public senior high school established, maintained or
operated for children of public school age similarly situated residing in said

�26
County of any race, color or group, and/or in denying, refusing, or in any w a y
hindering, because of their race or color, infant interveners, or either or any
of them, or any other N e g r o child of public school age similarly situated
residing in said County, or either or any of them, admission, enrollment, or
education to and in any public senior high school established, maintained or
operated for children of public school age similarly situated residing in said
County of any race, color or group, at the s a m e time, and under the s a m e t e r m s
and conditions, and with the s a m e treatment, that children of public school age
similarly situated residing in said County of any other race or group are ad­
mitted, enrolled, educated and given therein, denies infant interveners, and
other N e g r o children of public school age similarly situated residing in said
County, their privilege and immunities as citizens of the United States, their
liberty and property without due process of law, and the equal protection of the
laws, secured by the Fourteenth A m e n d m e n t of the Constitution of the United
States, section 1, and the rights secured by Title 8, United States Code,
section 41, and is for these reasons unconstitutional and void.
23.

T h e action of defendants, and each of them, in enforcing, e x e c u ­

ting or pursuing against adult interveners, or any other parent or guardian of
N e g r o children of public school age similarly situated residing in the County
of Arlington, Virginia, or either or any of them, the policy, practice, c u s t o m
and usage hereinbefore specified in para g r a p h 18 hereof, of denying them, b e ­
cause of their race or color and/or the race or color of their respective childdren, rights and privileges of sending their respective children to a public
senior high school in said County with educational opportunities, advantages
and facilities, including those hereinbefore specified, equal to the educational
opportunities, advantages and facilities afforded and available to children of
public school age similarly situated residing in said County w h o are not Negroes,
or in establishing, enforcing executing or pursuing against adult interveners,
or any other parent or guardian of N e g r o children of public school age similar­
ly situated residing in said County, or either or any of them, any other policy,
practice, c u s t o m or usage of denying, or having the effect of denying, them,
because of their race or color and/or the race or color of their respective

�27
children, rights and privileges of sending their respective dhildren t o a public
senior high school in said County with educational opportunities, advantages
and facilities, including those hereinbefore specified, equal to the educational
opportunities, advantages and facilities afforded and available to children of
public school age similarly situated residing in said County w h o are not
Negroes, denies adult interveners, and other parents and guardians of N e g r o
children of public school age similarly situated residing in said County, their
privileges and immunities as citizens of the United States, their liberty and
property without due process of law, and the equal protection of the laws,
secured b y the Fourteenth A m e n d m e n t of the Constitution of the United States,
section 1, and the rights secured b y Title 8, United States Code, section 41,
and is for these reasons unconstitutional, and void.
24.

Notwithstanding that the discriminations aforesaid have been of

long standing, and have been the subject of complaint to defendants and their
predecessors in office upon n u m e r o u s occasions in the past, and notwithstanding
that it has been d e m a n d e d that defendants, and each of them, cease and desist
therefrom, defendants, and each of them, continue to deny, because of their race
or color, infant interveners, and all other N e g r o children of public school age
similarly situated residing in the County of Arlington, Virginia, the right and
privilege of attending the public senior high school established, maintained
and operated for children of public school age similarly situated residing in
said County w h o are not Negroes, and refuse and fail to act favorably upon such
requests or dema n d s ,

and will continue to refuse and fail to admit any of t h e m

to any public senior high school established, maintained and operated exclusively
for children of public school age similarly situated residing in said County w h o
are not Negroes, because of the laws of the C o m m o n w e a l t h of Virginia specified
in p aragraph 15 hereof, and because of the policies, practices, c u s t o m s and
usages specified in paragraphs 16 to 18, inclusive, hereof, and each defendant
has continued and still continues to enforce and execute against infant inter­
veners, and all other N e g r o children of public school age similarly situated
residing in said County, the laws of the C o m m o n w e a l t h of Virginia specified in
p aragraph 15 hereof, and to enforce, execute and pursue against t h e m the

�28
policies, practices, c u s t o m s and usages aforesaid, and has m a d e , and continues
to m a k e , the aforesaid and other distinctions because of race or color in the
opport unities, advantages and facilities provided by t h e m for the public senior
high school education of children of school age residing in said County.
25.

Defendants, and each of them, will continue to enforce and e x e ­

cute against infant interveners, and all other N e g r o children of public school
age similarly situated residing in the County of Arlington, Virginia, the laws
of the C o m m o n w e a l t h of Virginia specified in paragraph 15 hereof, and will
continue to engage in other action pursuant to said laws, and will continue to
pursue against t h e m the policies, practices, c u s t o m s and usages specified in
p a ragraphs 16 to 18, inclusive, hereof, and will continue to deny t h e m admission,
enrollment and education to and in any public senior high school established,
maintained and operated for children of public school age similarly situated
residing in said County w h o are not Negroes, and will continue to discriminate
against t h e m in the m a n n e r hereinbefore set forth unless restrained and enjoinec
by this Court f r o m so doing.
-26.

Interveners, and those similarly situated and affected on wt^ise

behalf this action is brought, are suffering irreparable injury and are
threatened with irreparable injury in the future by reason of the laws, the
policies, practices, c u s t o m s and usages, and the actions of defendants, herein
complained of.

T h e y have no plain, adequate or complete r e m e d y to redress th£

w r o n g s and illegal acts herein complained of other than this action for a
declaratory judgment and an injunction.

A n y other r e m e d y to w hich interveners

and those similarly situated could be remitted would be attended by such u n ­
certainties and delay s as to deny substantial relief, would iqvtolve a multipli­
city of suits, and would cause further irreparable injury and occasion da m a g e ,
vexation and inconvenience,
WHEREFORE,

interveners respectfully pray that, upon the filing

of this complaint as m a y appear prop e r and convenient to the Court:
1.

T h e Court convene a three-judge District Court,
as required by Title 28, United States Code,
sections 2281 and 2284.

�29
2.

This Court advance this action on the docket and
order a speedy hearing on this action according
to law, and upon such hearing: .
(a)

This Court adjudge, decree and declare the
rights and legal relations of the parties to
the subject matter here in controversy in order
that such declaration shall have the force and
effect of a final judgment or decree.

(b)

This Court enter a judgment or decree declaring that
the action of defendants, and each of the m, in
enforcing or executing against infant interveners,
or any other N e g r o child of public school age
similarly situated residing in the County of Arlington,
Virginia, or either or any of them, the laws of the
C o m m o n w e a l t h of Virginia hereinbefore specified in
paragraph 15 hereof, or either or any of them, and any
and all action which precludes, on the basis of race
or color, the admission, enrollment or education of
infant interveners, or any other N e g r o child of public
school age similarly situated residing in said County,
or either or any of them, to and in any public senior
high school established, maintained or operated for
children of public school age similarly situated
residing in said County of any race, color or group,
at the s a m e time, and under the s a m e t e r m s and c o n ­
ditions, and with the s a m e treatment, that children
of public school age similarly situated residing in
said County of any other race, color or group are
admitted, enrolled, educated and given therein, denies
infant interveners, and all other N e g r o children of
public school age similarly situated residing in said
County, their privileges and immunities as citizens
of the United States, their liberty and property with­
out due process of law, and, the equal protection of
the laws, secured by the Fourteenth A m e n d m e n t of the
Constitution of the United States, section 1, and the
rights secured b y Title 8, United States Code, section
41, and is for these reasons unconstitutional and void.

(c)

This Court enter a judgment or decree declaring that
the action of defendants, and each of them, in enforcing,
executing or pursuing against infant interveners, or any
other N e g r o child of public school age similarly situated
residing in the County of Arlington, Virginia, or either
or any of them, the policy, practice, c u s t o m and usage
hereinbefore specified in paragraph 16 hereof, or in
establishing, enforcing, executing or pursuing aginst
infant interveners, or any other N e g r o child of public
school age similarly situated residing in said County,
or either or any of them, any other policy, practice,
c u s t o m or usage which prohibits them, because of their
race or color, f r o m attending the only public senior
high school of said County affording a senior high school
education equal to that afforded all other qualified
students w h o are not Negroes, or in establishing, e n ­
forcing, executing or pursuing against infant inter­
veners, or any other N e g r o child of public school age
similarly situated residing in said County, or either
or any of them, any policy, practice, c u s t o m or usage
which c o m p e l s them, because of their race or color, to

�30
attend a segregated public senior high school set apart for
N e g r o students in said County, or in establishing, enforcing,
executing or pursuing against infant interveners, or any
other N e g r o child of public school age similarly situated
residing in said County, or either or any of them, any other
policy, practice, c u s t o m or usage m a k i n g any distinction, on
the basis of race or color, in the consideration of any a p ­
plicant for admission as a student to any public senior high
school established, maintained or operated for children of
public school age similarly situated residing in said County
of any race, color or group, or in establishing, enforcing,
executing or pursuing against infant interveners, or any other
N e g r o child of public school age similarly situated residing
in said County, or either or any of them, any other policy,
practice, c u s t o m or usage w h ich precludes the admission,
enrollment or education of them, or either or any of them, to
and in any public senior high school established, maintained
or operated for children of public school age similarly
situated residing in said County of any race, color or group,
at the s a m e time, and under the s a m e t e r m s and conditions,
and with the s a m e treatment, that children of public school
age similarly situated residing in said County of any other,
race, color or group are admitted, enrolled, educated and
given therein, denies infant interveners, and other N e g r o
children of public school age similarly situated residing in
said County, their privileges and immunities, as citizens of
the United States, their liberty and property without due
process of law, and the equal protection of the laws, secured
b y the Fourteenth A m e n d m e n t of the Constitution ^of the United
States, section 1, and the rights secured by Title 8, United
States Code, section 41, and is therefore unconstitutional
and void.
9

(d) This Court enter a judgment or decree declaring that the
action of defendants, or either of t h e m in m a k i n g any dis­
tinction, on the basis of race or color, in the consideration
of infant interveners, or any other N e g r o child of public school
age similarly situated residing in the County of Arlington,
Virginia, or either or any of them, as an applicant for a d ­
mission as a student to any public senior high school esta­
blished, maintained or operated for children of public school
age similarly situated residing in said County of any race,
color or group, or in denying, refusing, or in any w a y hinder­
ing, because of their race or color, infant interveners, or
any other N e g r o child of public school age similarly situated
residing in said County, or either or any of them, admission,
enrollment or education to and in any public senior high school
established, maintained or operated for children of public
school age similarly situated residing in said County of any race,
color or group, at the s a m e time, and under the s a m e terms,
and conditions, and with the s a m e treatment, that children of
public school age similarly situated residing in said County or
any other race, color or group are admitted, enrolled, educated
and given therein, denies infant interveners, and all other N e g r o
children of public school age similarly situated residing in said
County, their privileges and immunities as citizens of the United
States, their liberty and property without due process of law,
and the equal protection of the laws, secured by the Fourteenth
A m e n d m e n t of the Constitution of the United States, section 1
and the rights secured b y Title 8, United States Code, section
41, and is for these reasons unconstitutional and void.

�31

(e)

This Court enter a judgment or decree declaring that the
action of defendants, or either of them, in enforcing,
executing, or pursuing against adult interveners, or any
other parent or guardian of N e g r o children of public
school age similarly situated residing in the County
of Arlington, Virginia, or either or any of thejn, the
policy, practice, c u s t o m and usage hereinbefore speci­
fied in p aragraph 18 hereof, of denying them, because
of their race or color and/or the race or color of
their respective children, rights and privileges of
sending their respective children to a public senior
high school in said County with educational opportuni­
ties, advantages and facilities, including those h e r e ­
inbefore specified, equal to the educational opportuni­
ties, advantages and facilities afforded and available
to children of public school age similarly situated
residing in said County w h o are not Negroes, or in
establishing, enforcing, executing or pursuing against
adult interveners, or any other parent or guardian of
N e g r o children of public school age similarly situated
residing in said County, or either of any of them, any
other policy, practice, c u s t o m or usage of denying, ar
having the effect of denying, them, because of their
race or color and/or the race or color of their respective
children rights and privilege of sending their respective
children to any public senior high school in
said County with educational opportunities, advantages
and facilities, including those hereinbefore specified,
equal to the educational opportunities, advantages and
facilities afforded and available to children of public
school age similarly situated residing in said County
w h o are not Negroes, denies adult interveners, and
other parents and guardians of N e g r o children of public
school age similarly situated residing in said County,
their privileges and immunities as citizens of the
United States, their liberty and property without due
process of law, and the equal protection of the laws,
secured by the Fourteenth A m e n d m e n t of the Constitution
of the United States, section 1, and the rights secured
b y Title 8, United States Code, section 41, and is for
these reasons unconstitutional and void.

(f)

This Court enter a p e r m a n e n t injunction perpetually
restaining and enjoining defendants, and each of them,
their successors in office, and their agents and
employees, forthwith, f r o m enforcing or executing
against infant interveners, or any other N e g r o child
of public school age similarly situated residing in
the C ounty of Arlington, Virginia, or either or any
of them, the laws of the C o m m o n w e a l t h of Virginia h e r e ­
inbefore specified in p aragraph 15 hereof, or either
or any of them, and f r o m any and all action pursuant
to said laws, or either or any of them, w h ich precludes,
on the basis of race or color, the admission, enroll­
m e n t or education of infant interveners, or any other
N e g r o child of public school age similarly situated
residing in said County, or either or any of them, to
and in any public senior high school established, m a i n ­
tained or operated for childrep of public school age
similarly situated residing in said County of any race.

�32
color or group, at the s a m e time, and under the s a m e
t e r m s and conditions, and with the s a m e treatment, that
children of public school age similarly situated residing
in said County of any other race, color or group are
admitted, enrolled, educated and given therein, upon the
ground that such laws deny infant interveners, and all
other N e g r o children of public school age similarly
situated residing in said County, their privileges and
immunities as citizens of the United States, their
liberty and prop erty without due process of law, and
the equal protection of the laws, secured by the F o u r ­
teenth A m e n d m e n t of the Constitution of the United
States, section 1, and the rights secured by Title 8,
United States Code, section 41.
(g)

'

This Court enter a p e r m a n e n t injunction perpetually
restraining and enjoining defendants, and each of them,
their successors in office, and their agents and
employees, forthwith, f r o m enforcing, executing or
pursuing against infant interveners, or any other N e g r o
child of public school age similarly situated residing
in the County of Arlington, Virginia, or either or any
of them, the policy, practice, c u s t o m and usage herein­
before specified in paragraph 16 hereof, and f r o m
establishing, enforcing, executing or pursuing against
infant interveners, or any other N e g r o child of public
school age similarly situated residing in said County,
or either or any of them, any other policy, practice,
c u s t o m or usage w h ich prohibits then, because of their
race or color, f r o m attending the only public senior
high school of said County affording a secondary E d u ­
cation equal to that afforded all other qualified
students w h o are not Negroes, and f r o m establishing,
enforcing, executing or pursuing against infant
interveners, or any other N e g r o child of public school
age similarly situated residing in said County, or
either or any of them, any other policy, practice,
c u s t o m or usage which c o m p e l s them, because of their
race or color, to attend a segregated public senior
.
high school set apart for N e g r o students in said County,
and f r o m establishing, enforcing, executing or pursuing
against infant interveners, or any other N e g r o child of
public school age similarly situated residing in said
County, or either or any of them, any other policy,
practice, c u s t o m or usage m a k i n g any distinction, on the
basis of race or color, in the consideration of any
applicant for admission as a student to any public
senior high s chool established, maintained or operated
for children of public school age similarly situated
residing in said County of any race, color or groip, or
in establishing, enforcing, executing or pursuing against
infant interveners, or any other N e g r o child of public
school age similarly situated residing in said County,
or either or any of them, any other policy, practice,
c u s t o m or usage w hich precludes the admission, enroll­
m e n t or education of them, or either or any of them, to
and in any public senior high school established,
maintained or operated for children of public school
age similarly situated residing in said County of any
race, color or groupi at the s a m e time, and under the
s a m e t e r m s and conditions, and with the s a m e treatment ,
that children of public school age similarly situated

�33
r e s i d in g in s a id C ounty of any o th e r r a c e , c o lo r o r g ro u p
a r e a d m itte d , e n r o lle d , e d u c a te d and giv en th e r e in , upon
th e g ro u n d th a t s u c h p o lic ie s , p r a c t i c e s , c u s to m s and
u s a g e s , and e a c h of th e m , deny in f a n t .i n t e r v e n e r s , and
o th e r N e g ro c h ild r e n of p u b lic s c h o o l ag e s i m il a r ly
s itu a te d r e s i d in g in s a id C ounty, t h e i r p r i v il e g e s and
im m u n itie s a s c itiz e n s of th e U n ited S ta te s , t h e i r
lib e r ty a n d p r o p e r ty w ith o u t due p r o c e s s of law , and
th e e q u a l p ro te c tio n of the la w s, s e c u r e d by th e F o u r ­
te e n th A m e n d m e n t of th e C o n fu ta tio n of the U nited
S ta te s , s e c ti o n 1, a n d the r i g h ts s e c u r e d by T itle 8,
U n ited S ta te s C o d e , s e c tio n 41, and a r e t h e r e f o r e
u n c o n s titu tio n a l and v o id ,
(h)

T h is C o u rt e n te r a p e r m a n e n t in ju n c tio n p e r p e tu a lly
r e s t r a i n i n g a n d e n jo in in g d e fe n d a n ts , and e a c h of t h e m ,
t h e i r s u c c e s s o r s in o ffic e , and t h e i r a g e n ts and
e m p lo y e e s , fo rth w ith , fr o m m a k in g any d is tin c tio n , on
th e b a s i s of r a c e o r c o lo r , in the c o n s id e r a tio n of
in fa n t i n te r v e n e r s , o r any o th e r N e g ro c h ild s i m il a r ly
s itu a te d r e s i d in g in th e C ounty of A rlin g to n , V irg in ia !
o r e it h e r o r any of th e m , a s a n a p p lic a n t f o r a d m i s s io n
a s a s tu d e n t to any p u b lic s e n i o r h ig h s c h o o l e s ta b lis h e d ,
m a in ta in e d o r o p e ra te d f o r c h ild r e n of p u b lic s c h o o l age
s i m il a r ly s itu a te d r e s id in g in s a id C ounty of any r a c e ,
c o lo r o r g ro u p , and fro m d e n y in g , r e fu s in g , o r in any
w ay h in d e rin g , b e c a u s e of t h e i r r a c e o r c o lo r , in fa n t
i n te r v e n e r s , o r any o th e r N e g ro c h ild of p u b lic s c h o o l
age s i m il a r ly s itu a te d r e s id in g in s a id C ounty, o r
e it h e r o r any of th e m , a d m is s io n , e n r o llm e n t o r e d u c a tio n
to and in any p u b lic s e n i o r h ig h s c h o o l e s ta b lis h e d , i
m a in ta in e d o r o p e r a te d fo r c h ild r e n of p u b lic s c h o o l
age s i m i l a r l y s itu a te d r e s i d in g in s a id C ounty of any
r a c e , c o lo r o r g ro u p , a t th e s a m e tim e , and u n d e r th e
s a m e t e r m s and c o n d itio n s , and w ith th e s a m e tr e a tm e n t,
th a t c h ild r e n o f p u b lic sc h o o l age s i m il a r ly s itu a te d
r e s i d in g in s a id C ounty of any o th e r r a c e , c o lo r o r
g ro u p a r e a d m itte d , e n r o lle d , e d u c a te d and g iv e n t h e r e in
upon th e g ro u n d th a t s u c h a c tio n d e n ie s in fa n t i n t e r ­
v e n e r s , a n d o th e r N e g ro c h ild r e n s i m il a r ly s itu a te d
r e s i d in g in s a id C o u n ty , t h e i r p r i v il e g e s and im m u n itie s
a s c it i z e n s of th e U n ited S ta te s , t h e i r l ib e r t y and
p r o p e r t y w ith o u t due p r o c e s s of law , and th e e q u a l p r o ­
te c tio n of th e la w s , s e c u r e d by th e F o u r te e n th A m e n d ­
m e n t of th e C o n s titu tio n of th e U n ite d S ta te s , s e c tio n 1,
and th e r i g h ts s e c u r e d by T itle 8, U n ited S ta te s C ode,
s e c tio n 41, and i s f o r th e s e r e a s o n s u n c o n s titu tio n a l
a n d v o id .

(i)

T h is C o u rt e n t e r a p e r m a n e n t in ju n c tio n p e r p e tu a lly
r e s tr a in in g a n d e n jo in in g d e fe n d a n ts , and e a c h of th e m ,
t h e i r s u c c e s s o r s in o ffic e , and t h e i r a g e n ts and
e m p lo y e e s , fo rth w ith , fro m e n fo rc in g , e x e c u tin g o r
p u r s u in g a g a in s t a d u lt i n te r v e n e r s , o r any o th e r p a r e n t
o r g u a rd ia n of N e g ro c h ild r e n of p u b lic s c h o o l a g e
s i m il a r ly s itu a te d r e s i d in g in th e C ounty of A rlin g to n ,
V irg in ia , o r e it h e r o r any of th e m , the p o lic y , p r a c t i c e ,
c u s to m and u s a g e h e r e in b e f o r e s p e c if ie d in p a r a g r a p h 18
h e r e o f , of d e n y in g th e m , b e c a u s e of t h e i r r a c e o r c o lo r ,
a n d / o r th e r a c e o r c o lo r of t h e i r r e s p e c t iv e c h ild r e n ,
r i g h ts and p r i v il e g e s o f se n d in g t h e i r r e s p e c t iv e c h il d ­
r e n to a p u b lic s e n i o r h ig h s c h o o l ip s a id C ounty w ith

�34
educational opportunities, advantages and facilities
including those hereinbefore specified, equal to the
educational opportunities, advantages and facilities
afforded and available to children of public school age
similarly situated residing in said County w h o are not
Negroes, and f r o m establishing, enforcing, executing or
pursuing against adult interveners, or any other
parent or guardian of N e g r o children of public school
age similarly situated residing in said County, or
either or any of them, any other policy, practice,
c u s t o m or usage of denying, or having the effect of
denying, them, because of their race or color and/or
the race or color of their respective children, rights
and privileges of sending their respective children to
a public senior high school in said County with e d u c a ­
tional opportunities, advantages and facilities, in­
cluding those hereinbefore specified, equal to the
educational opportunities, advantages and facilities
afforded and available to children of public school age
similarly situated residing in said County w h o are not
Negroes, upon the ground that such policies, practices,
c u s t o m s and usages, and each of them, deny adult inter­
veners, and other parents and guardians of N e g r o children
of public school age similarly situated residing in said
County, their privileges and immunities as citizens of
the United States, their liberty and property without
due process of law, and the equal protection of the laws,
secured by the Fourteenth A m e n d m e n t of the Constitution
of the United States, section 1, and the rights secured
b y Title 8, United States Code, section 41, and is for
these reasons unconstitutional and void.
(j)

This Court allow interveners their costs herein, and
grant such further, other, additional or alternative
relief as m a y appear to the Court to be equitable and
just in the premises.
/s/ Oliver W .
Oliver W .
623 North
Richmond
/s/

Martin A.
Martin A.
626 North
Richmond,

Hill
Hill
Third Street
19, Virginia
Martin_____
Martin
Third Street
Virginia

/s/

Spottswood W . Robinson, III
Spotiswood W . Robinson, III
623 North Third Street
R i c h m o n d 19, Virginia

/s/

L e o n A. R a n s o m
L e o n A. R a n s o m
1939 Thirteenth Street, N. W .
Washington, D. C.
Counsel for Interveners.

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                <text>Civil Action No. 331 in the United States District Court for the Eastern District of Columbia, Alexandria Division</text>
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                <text>Move for applicants to intervene as plaintiffs in addition to Constance Carter in Civil Action 331 against the School Board of Arlington County. 34 pages</text>
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                <text>Counsel for Interveners, Oliver W. Hill; Martin A. Martin; Spottswood W. Robinson, III; Leon A. Ranson</text>
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                <text>unknown (1950s?)</text>
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                    <text>Committee to Study Probloaa of Integration
In the Arlington Public Schools
Appointed June 12, 195^
Chalrsrans Sr, Joseph 0. McCa.skill, U6^k Ho, 26th St.,
-----Offloes EH 7-1820, Ext. V*76
Ball, Prank L., Sr.
Burton, Mrs. B. A.
Bavin, Mrs. A. J. E.
Poster, Bev. William H.
Prisbie. Alfred E.
Groom, Col. J. Puller
Hanoook, George
Holland, Edwin I.
Jacobs, Mrs. Haskell
Johnson, Sr. Harold
MaoPheraon, Mrs. Colin C.
Pollard, Joooo
Higdon, Mrs. James S.
Schwarts, Br. Haymond
Shirley, Mrs. Mary
Sweeney, Claude A.
Taylor, Theodore V.
Tuthill, Br. Curtis E.
Watt, Mrs. William G.

IU37 Ho. Court House Ed.
9TO Ho. Livingston St.
5210 Ho. 27th St.
1106 Ho. Inglewood St.
636 So. 25 th St.
206 Badio Building
3^iO So. 22»d St.
2926 Columbia Pika
6 teh Ho. 26th St.
2901 Ho. Lexington St.
6201 Ho. ISth Boad
ljlh So. Poe St.
h223 Ho. 2nd Boad
1301 Ho. Highland St.
1962 Ho. Culpepper St.
1726 Ho. Cameron St.
706 Ho. Frederick St.
5612 Ho. 2hth St.
1600 Ho, Highland St.

Staff Members:
Blue, Victor, Jr.
Halstead, Mrs. Eathor
Lambert, Miss Lillian
Loving, Miss Sally
Blehordson, George
Wolfo, Miss Lena

9517 So. Uth Street
2«52 So. Lowell St.
625 Ho. Emerson St.
5617 Ho. Washington Blvd.
2h21 So. Lowell St.
1763 Queen’ Lens
s

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                    <text>Qjl [C
•—
Committee to Study Problems of Integration',
in the, Arlington Public Schools
Appointed June 12, 1954
by
Mrs. Elizabeth P. Campbell, Chairman, Arlington School Board,
and
T. Edward Rutter, Superintendent of Schools

Prank L. Ball, Sr., 1437 North Court House Road,
senator.

Attorney, former State

Victor Blue, Jr.r 5517 South 4th Street, Health and physical education
teacher at Wakefield junior-senior high school.
Rev. Jackson A. Browne, 2706 24th Road, South. Immediate past president
of the Arlington Ministerial Association} minister of Lomax A.M.E.
Zion Church,
Mrs. R. A. Burton, 940 North Livingston Street.
Association of University Women,
— Jofronh ■
H.-'Cagmz6133„Hcacth 12th Street.
Washington builder-;—^ 3

Member of the American

Employed by Edward R. Carr. Inc.,

Dr. Claire Christman. 1S00 North Edison Street.
school health services.
Mrs. A. J. E. Davis, 5210 North 27th Street.
Arlington Council of Church Women,

Director, Arlington public

First vice-president of the

Rev. William H. Foster, 1106 North Inglewood Street,
Presbyterian Church.
/'''Alfred E. Friable, 6 3 6 25th Street, South,
the Arlington County Board.
2„0ol. J. Fuller Groom, 206 Radio Building.
Northern Virginia Real Estate Board.

Broker, former chairman of

Realtor and member of the

Mrs. Esther Halstead. 2452 South Lowell Street.

. ggKooI."""'—

Pastor of Trinity

Teacher at Drew Elementary

George Hancock, Executive Secretary, Veterans1 Memorial YMCA, 3 4 4 0 22nd
Street, South.
{.J!dwin T. Holland, President, Old Dominion Bank, 2926 Columbia Pike.
Mrs. Haskell Jacobs, 6424 North 26th Street, Immediate past vice-president
of the Women's League, Arlington-Fairfax Jewish Center.

S~-

�Committee to Study Problems of Integration
in the Arlington Public Schools - 2 .

(P

Dr. Harold Johnson, 2901 Worth Lexington Street. Physician and chair­
man of the Board of Managers, Veterans' Memorial XM3A.
Miss__Lillian Lambert^ 625 North Emerson Street.
Elementary School,

Principal of Fairiington

Miss Sally Loving^5817 Worth Washington Boulevard.
at-Washington-Lee high school.
s. Colin C. MacPherson, 6201 - 18th Road, Worth,
Virginia Council of Republican Women.

Social studies teacher

Former president of the

Joseph C. MeCaskill, 4-634- 26th Street, North. Vice-chairman of the board
of directors of the Arlington YMCA. Staff assistant to the Assistant
Secretary of the Interior.
Jesse Pollard, 1314- South Poe Street, Architects president of the HoffmanBoston Parent-Teacher Association.
George Richardson. 2421 South Lowell Street, Principal of Hoffmah-Boston
elementary-arid junior-senior high schools.
Mrs. James D. Rigdon, 4223 - 2nd Road, North. Former president of the
Northern Virginia Deanery of Catholic Women.
Raymond Schwartz, 1301 North Highland Street.
Arlington Hospital.

(IfJ
*

Mrs. Mary Shirley, 1962 North Culpepper Street.
retired school teacher.

Chief of Medicine,

Former secretary, NAACP?

Ilaude A. Sweeney, 1726 North Cameron Street. Army Post Office Department|
vice-president of the Langston Citizens1 Association.
£J£hbodore W. Taylor, 706 North Frederick .'Street. Management specialist in
the United States Indian Service^ Arlington County Council, P.T.A.
Dr. Curtis E. Tuthill, 5612 North 24th Street. Member of the faculty at
George Washington University and former member, Arlington School
Board.
&amp;. William G. Watt, 1600 North Highland Street. Newly elected vice-presi­
dent of the Virginia Federation of Women’s Clubs.
Miss Lena Wolfe, 1763 Queen’s Lane.

Principal, Swanson junior high school.

�7 * b '2-2-3
*

L-t

/?s-y

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                    <text>Minutes of Meeting of Committee
to Study Problems of Integration in the Arlington Schools
October 18, 1954
(Approved by Dr. McCaskill and Mrs. Campbell.)

The second meeting of the Committee to Study Problems
of Integration in the Arlington Schools was held at 8 p.m.,
October 18, at the School Administration Building, with Dr. J. C.
McCaskill, chairman, presiding.
Roll call showed the following members present:
Victor Blue, Jr., Mrs. R. A. Burton, Joseph I . Carr, William
I
Parker, representing Dr. Claire Christman, Mrs. A. J. 3 . Davis,
Rev. William I . Poster, Alfred E. Prisbie, Col. J. Puller Groom,
t
firs. Esther Halstead, George Hancock, Mrs. Haskell Jacobs, Dr.
Harold Johnson, Miss Lillian Lambert, Miss Sally Loving, Jes3e
Pollard, George Richardson, Mrs. James D. Higdon, firs. Mary
Shirley, Claude A. Sweeney, Mrs. William G. Watt, Miss Lena
Wolfe.
Present from the school board were Mrs. Edmund D.
Campbell, chairman, and Warren Cos; from the school adminis­
tration, T. Edward Rutter, Superintendent; Dr. C. Glen Ilass,
Charles J. Walsh, Stanley V. Smith and Mrs. Art Brown.
After roll call and approval of the minutes of the
June 23 meeting of the committee. Dr. McCaskill reported that ho
had previously called together a snail group of members of the
committee, the school staff and the school board to plan the
agenda for this meeting. At Dr. McCaskill's request, the mem­
bers approved the agenda as follows:
1.

Report by firs. Campbell of discussion at a meeting
in Warrenton of school board members from northern
Virginia.

2.

Report by Mr. Rutter of state developments.

3.

Report by Mrs. Burton on findings of the sub-committee
on research, appointed by action of the entire Inte­
gration committee.

�-

2

-

Dp . McCastei.il then said he wished the committee to
consider whether it would be desirable to issue a "fact sheet*
for community distribution in Arlington concerning integration.
In Mrs. Campbell’s report she explained that the 41
school board members from northern Virginia who attended the
Varrenton conference are much concerned about the situation
with regard to segregation or integration, because the indi­
vidual boards are the ones who must deal with the problem and
who will be held responsible in each community for what is done.
"There was general agreement at the Varrenton meeting,"
Mrs. Campbell said, "that there is need for local option in the
natter of integration, since Virginia communities vary so much
in their proportion of white and Negro public school pupils
and also in the general conditions existing in the communities."
Mrs. Campbell said she is hopeful that Virginia edu­
cational authorities will ask for suggestions from school board
members when the time comes to deal with natters of integration.
She also said there is need for action as soon as possible after
the Supreme Court announces how and when they wish integration
to be pat into effect.
Mr. Rutter, in his report on the state-wide situation,
told of a meeting of school superintendents from northern coun­
ties and cities of Virginia.
"The school superintendents took the position," Mr.
Rutter said, "that nothing should be done to impair the public
school system of the state."
Mr. Rutter then reported on the ruling by Virginia's
Attorney General that the Virginia Constitution and State Code
provisions providing for sogregation of the races in the public
schools is still in force. Ue also reported on instructions
received by all superintendents in the state to conduct the
schools this year on a segregated basis.
Other developments reported by Mr. Rutter were these:
Statement by Governor Stanley that ho intends to retain segre­
gation in Virginia schools, poll of Virginia legislators showing
desire to retain segregation, appointment by Governor Stanley of
a commission from the General Assembly to frame a state policy
on the issue of segregation, and the announcement of the first
public bearing by this commission to be held November 15.

�- 3 -

It was also reported that Attorney General Almond of
Virginia will present a brief at the hearing before the Supreme
Court in Washington on December 6.
Mr. Rutter pointed out that Arlington schools receive
funds from both the state and the federal government, and that
local oommunities will be in a difficult situation if the
state and federal authorities disagree on the matter of inte­
gration in the schools.
The roport by fire. Burton of the sub-committee on re­
search included the following:
1.

A "fact sheet" on integration would be of value but
should be limited absolutely to facts, with no matters
of opinion or emotion included.

2.

Kits might be prepared by the Integration Committee
for use by speakers and organizations desiring infor­
mation.

3.

If Arlington schools wish to hold seminars similar to
those held in the District of Columbia last year to
help teachers prepare for integration, the American
Friends Service Committee is willing to direct such
seminars.

Mrs. Burton's report told of th© situation in many
oommunities where integration is being Instituted or has been
in effect. She mentioned the wide newspaper coverage in troubled
areas and said: "It is to be hoped that some responsible news
gathering agency will later give us a detailed, factual report
of the successes as well as the failures."
After completion of the scheduled items on the agenda,
Alfred E. Frisbie moved that the Integration committee recommend
to the school board that a factual reporting 3heet be issued at
intervals as needed, outlining the various steps in the move
toward integration and that this reporting sheet make no attempt
to interpret what has been done.
Rev. William 1 . Foster seconded the motion which was
1
passed unanimously.

�- 4 -

There was some discussion concerning how often future
meetings of the committee should bo held. Reverend Poster ex­
pressed the opinion that the entire community needs to be given
information concerning the integration problem, and made a
motion that regular monthly meetings be held. Br. Johnson
seconded the motion and it was passed.
Mrs. Campbell told the members of the committee:
"The members of our Arlington school board want to do the best
they can in the matter of integration. It strengthens us to
have this committee advise us."

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                    <text>A R L IN G T O N C O U N T Y P U B L IC S C H O O L S
Office of the Superintendent
1-426 n o r t h Q uincy s tr e e t

telephone: jackson

A rlington 7. V irginia

April 21, 1955

To:

Members of the Committee Studying Problems of Integration in
the Arlington Public Schools

Prom:

Mrs. Edmund Campbell,, Chairman of the Arlington School Board
and Joseph C. McCaskill, Chairman, Integration Committee

This is to remind you of the meeting of the Integration Committee, to
be held this coming Monday evening, April 25, at 8 p.m., for which you re­
ceived a notice a few weeks ago.
Please note, however, a change in place. The committee will meet at
Hoffman-Boston high school, 1^15 South Q,ueen Street. As you know, HoffmanBoston is Arlington1s modern high school for colored students.
Another change for this meeting is that the social hour will come at
the beginning.
Our committee has been invited to meet a dozen white and
negro educators who will be at Hoffman-Boston next week to evaluate the
school in preparation for its final accreditation by the Southern Associa­
tion of Secondary Schools and Colleges.
Refreshments, buffet style, will be served from 8 to 8:3Q p.m., to
our committee, to the visiting educators, to the Hoffman-Boston faculty,
and to members of the School Board. Those present will be introduced to
the entire group.
Our business meeting will be held at 8:^5 p.JB. and will adjourn by

10 p.m.
The Integration Committee meeting at Hoffman-Boston next Monday eve­
ning is part of a program of information which the School Board wishes to
present to the Integration Committee. We have previously met at WashingtonLee and we hope later to meet at Wakefield, so the committee members may get
to see each of our three high schools.
We sincerely hope you can attend.
To get to Hoffman-Boston:
Remember the date —
next Monday evening,
April 25 at HoffmanBoston.

Turn south off Columbia Pike at
South Rolfe Street. Go two blocks
to 13th Road; then left one block
to Queen Street. Go one-half
block right on Queen Street to the
school.

2-7700

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                    <text>B eesaber 1 5 , 195**
M inutes o f A rlington, O o g aittaa To Study Problem® o f I n te g r a tio n
A r e g u la r e a s tin g o f th e In te g r a tio n O o sa itto e was held" a t 8 p .su
Deeenher 1 5 , 195U In th e o f f ic e o f I . Edward S u t t e r , A rlin g to n S u p e rin te n d en t
o f S chools,
OOKBlttee aerabore p re s e n t wars D r, Jo sep h C. KcOaskillo chairm an,
p r e s id in g , Mrs. S„ A. B a rto n , Dr, Clair® C h r ls ta s a , A lfre d E , I V is b ie , Col,
,1, F u l l e r Croon, Mr*, E s th e r H a lste a d , Georg® Hanoocfc, Mise M i l l e r . l e e b e r t .
M iss S a lly lo v in g , Jo n es P o lla r d , George R ich ard so n , B r. Reyaond Schw arts
and Claude; A, Sweeney.
A le s p re s e n t wore Mrs, Edmund Campbell, D r, 1 . Clark® K eatin g „ Dr,
X, E , D ra lie is and Warroa Cor froE th e School Board, S u p erin ten d en t R a tt e r ,
pd Mr*. A rt Brown, s e c re ta r y o f th e o o n a itta s ,
1!b» u in n te o o f th e p re v io u s s e a tin g , a s n a ile d t o osoh c o rae ittae
n e n h e r, wore approved w ith o u t b e in g re a d .
AS th o f i r s t item o f b u s in e s s , th e chairm an asked f o r a n e v a lu a tio n
o f th e Ifeot Sheet a s t o c o n te n t and d i s t r i b u t i o n . Mrs, Brown re p o rte d on th e
d i s t r i b u t i o n sb fo llo w s;
Croups r e g u la r ly re c e iv in g th e P a c t Sheet in clu d e th e fo llo w in g ;
1.
2.
3.
b.
5»
6.
7.
S,
5,

P r e s id e n ts o f P a re n t-T e a c h e r A s so c ia tio n s in A rlin g to n P u b lic Schools
Motiboi'a of oohool A dvisory Committees
E d ito r s of A rlin g to n P a re n t-T e a c h e r A sso c ia tio n b u l le t in s
A ll to a e h s r s , p r i n c i p a l s , o u p srv lg o ra aad msmbera of tho a d m in is tra tiv e
e t a f f i n th e A rlin g to n sc h o o ls,
Member* o f th e A rlin g to n d e le g a tio n to th e V irg in ia S ta te Assembly
Meobers o f th e County Board and th e County Manager
A rlin g to n p u b lic l i b r a r i e s
Oongrusoaian J o e l 5 , B ro y h ill
Herabsrs o f th e Committee t o Study Probleras o f I n te g r a tio n in the

A rlington 3choole
'is a d d itio n t o t h i s , th e A rlin g to n leag u e o f Woaen T o te re hae r e ­
c e iv e d 25 c o p ie s of each o f th e two leo n e s o f th e E a st S h e e t. A number o f
in d iv id u a l o itl s c n e have asked f o r c o p ie s and a few secondary school o la a e e s
have re q u e ste d c o p ie s .
1 he Claremont P a re n t-T ea c h er A e so c ia tlo n planned to d u p lio a te 600
c o p ie s f o r t h e i r member*, th e W akefield h ig h school pap er r e - p r i n t e d more
th an one (d a m n of in fo rm a tio n from th e Toot S h e e t.
I t was th e o p inion o f th e oo aratttse t h a t th e School Beard should
n o t is s u e th e Eact Sheet i n any la r g e e d it i o n , b u t t h a t o rg a n is a tio n s wish­
in g t o d i s t r i b u t e I t t o t h s l r own members should have tits in fo rm a tio n d u p li­
c a te d a t i h e l r own expense.
S r . Schw arts m entioned t h a t he b e lie v e s th e m a te ria l which has appeared
in th e P a c t Sheet i s a lre a d y f a s t l i a r to p a rso n s I n te r e s te d in th e p ro b le a o f
in te g ra tio n

�e

—

lira, S a r to s p o in te d out t h a t th a in fo rm a tio n In th e P a c t Sheet
1* e x tre m e ly v a lu a b le .
“ I t would tak a hours o f work t o g e t t h i s in fo rm a tio n I f va d id
a o t h a re I t oondensed In th a a c c u ra te form in which I t appears In the
P a c t S h e e t,” M rs. B arto n s e ld , " I t w i l l he o f In c re a sin g im portance to
h a re th o se f a c t a a v a ila b le when th e Supreme C ourt d e c is io n la made."
Bra McCngfclll th en asked i f th e committee would c are t o sponsor
a t l e a s t one se m l-p a h llo m eeting t o a c q u a in t le a d e r s in A rlin g to n w ith the
e n t i r e s i t u a t i o n re g a rd in g s e g re g a tio n o f the ra c e s in th e A rlin g to n schools
and th e problem s r e l a t i n g to in te g r a tio n .
A fte r soma d ieo u e eio n th e committee members agreed not to epsnsor
such a s a e tln g . I n s te a d , th e . fo llo w in g m otion, made by Mr. T ria b le was
p a sse d unanim ously;
“I move th a t t h i s comm ittee su g g est t o th a School Board t h a t i t
would he good b u sin e ss f o r th s Board and members o f th e A d m in is tra tiv e s t a f f
to appear b e fo re th e v a rio u s B e rrio s c lu b s and o th e r o rg a n is a tio n s of i t s
choice t o o i t a th e f a c t s up t o and In c lu d in g th e p re s e n t day concerning
s e g re g a tio n and i n te g r a tio n In A rlin g to n p u b lic sc h o o ls,"
S u p e rin te n d en t R u tte r th e n gave a r e p o rt f o r th e p a s t f iv e y e a rs
showing ;he i n t e r - r e l a t i o n between l o c a l , s t a t e , and f e d e r a l fu n d s in
su p p o rtin g th e schools o f A rlin g to n .
A com parison o f th e se f i g u r e s f o r th e school y e a r 1950*51 w ith
th o se o f th e p re s e n t f i s c a l y e a r , i s a s fo llo w s:
Pram lo c a l ta x a t io n , A rlin g to n sch o o ls r e o s ir e d $2,772,16^ f iv e
y e a rs a g e , and $5,U69,882 t h i s y e a r.
Prom th e s t a t e o f T ir g l n l a , A rlin g to n re c e iv e d $712»*&gt;75 i n 1950-51i
and $1,116,725 t h i s y e a r . S h is was baaed on average d a ily a tte n d an c e in
our (schools; rolm bursem snt on school bus t r a n s p o r ta tio n ; p a r t i a l payment of
th s s a l a r i e s o f th e su p e rin te n d e n t o f s c h o o ls, th e d lr o o to r o f i n s t r u c t i o n ,
h e lp in g ts a o h e r s , and members o f th e su p e rv iso ry s t a f f ; s u b s id ie s f o r horns
economics and v o c a tio n a l e d u c a tio n , f o r purchase of t e x t books, and f o r
o p e ra tio n o f th e tsa o h e rs* sio k le a v e p la n .
from f e d e r a l so u rc e s , A rlin g to n r e o e lr s d $289,188 in 1950*51• oud
Of t h i s sum, $600,000 w i l l come to
A rlin g to n t h i s y e a r under P u b lio law 815, which p ro v id e s f o r F e d e ra l A ssis­
tan c e f o r m aintenance and o p e ra tio n o f sch o o ls In a community w ith a la rg e
In c re a se ,n p o p u la tio n doe to f e d e r a l a c t i v i t y . The rem ainder o f the fe d e r a l
a llo tm e n t t o A rlin g to n l a from th e school lu n ch su b sid y o f $62,000 and a pay­
ment o f $h,000 in l i e u o f ta x s e on f e d e r a ll y owned p ro p e rty in th e c ounty.

$666,000 ?or th e p re s e n t school y e a r .

I. summary s h e e t o f th e f ig u r e s g iv en by Mr. R u tta r i s a tta c h e d .
i t was a ls o p o in te d out th a t under P u b lio Lav S j h , a f e d e r a l appro­
p r i a t i o n o f $1,730,000 was giv en t o A rlin g to n toward th e o o n s tru e tlo n o f
b llx la m e b trg J u n io r h ig h school and $580,000 to b u ild Tuckahoe elem entary
sohool.
There was some d la o u s tlo a es to w hether th e fig u r e s giv en by Mr,
R u tte r should be in clu d e d l a a coming Paot S h e e t, b u t i t was th e o p in io n
t h a t I t l a s o t y e t th » t l a s t o p u b lis h th e s e f ig u r e s .
''the iuseting adjourned.

D e lls Brown, S e c re ta ry

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                    <text>I

moors or oteojuticb o h i t s Kssrcra,
ohte

,

mss 22, 1955

The Oomslttee to Study Problems of Integration In the Arlington
School* M t at Si20 p.a., Jana 22, at the School Administration Building,
with Dr. Joseph 0. HoCasklll, chairmen, presiding. She minute* of the
previous meeting vsrs approved.
Members present, In addition to th* chairman* vers Victor Blue,
Mrs. Edith Burton, Dr^tflalre Christman, Hr*. A. J. E/^Bayis, Bsv. William
Ho foster, AlfredJT Trlsbio, Mrs. Esther Halstead,JU A
&gt; St. Holland, /
Sr. Harold JohzfaonK'filis Mlllatt/Lambert, Jesse Folfdrd, George Biohartfson
Claude i. Sweeps';Theodore W. Xuylor and Mrs. W l j p i 0. Watt.
i^Lt
Suporintendoat of Schools 9. Edvard Butter, Sr. Stanley 7.
Smith, direstor of research; and all members of the School Board were
also present.
Mrs. Elisabeth Cambell, School Board chairman, explained that
the meeting vas called to get advloe and suggestions from the oomoittee
concerning some tentative proposals for oonerote notion worked out by
the sohool administrative staff and to be presented to the committee by
Hr. Batter.
Mr. Butter first rsvlevsd the Supreme Court decision and the
Gray Commission report. He then told of the Sohool Planning Committee,
a group of sohool staff members, both vhlte and Hegro, vhleh he reported
hod been meeting monthly to study problems involved In sohool Integration.
Mr. Butter said the Sohool Planning Committee had considered
several possible plane for Integration drawn up by members of the school
administrative staff. She plans vore revised and then presented to the
Sohool Board. Hr. Butter outlined these plans to the members of the
Integration Committee and ae c d them to vote, shoving vhleh plans they
le
preferred. These are given at the end of these minutes with the vote on
eaoh.
In connection with the discussion of the plans, three maps
shoving sohool boundary linos and the number and looation of Hegro
students expected to bs In our sohools In i960 vers explained and examined
Hr. Stanley Smith of the sohool reoearoh staff explained that
because of the olose knit Hegro residential communltlee, integration on
the elementary sohool level vonld affeot only about 60 Negro children
and loss than 5 vhlte.
Hr. Taylor brought up the question of orientation of teaohsrs
and students. Both Mr. Batter and Mr. Biohardson agreed that vork with
the teachers would bs dsslrable.
In discussing the timing of integration at the various levels,
it vas brought out that because of the serious orovdlng at Wakefield,
integration at the junior and senior high levels vonld not be desirable
until the aejplatlan a* another
junior high.
NT, Triable expressed the opinion that integration is impossible
this fall in view of the various unresolved questions. He also expressed

�doubt whoa the Committee m e naked to vote preference on the recommcndetione end tentatIre tine eohedvd.ee. Be felt that the Gomnittea did not
have eoffleient factual information to reach a sound deolelon and that
responsibility met ha left to the Sohool Board. Mrs. Campbell eald
the reoognissd that the Sohool Board haa the final reeponalhillt/ hat
■he naked for guidance h/ the expression of opinions h/ the group on the
rarioue proposals. Enoh member of the group m asked to write thane
preferencea. The vote m e at follows:
Six neater* of the oonnlttee favored adoption of the following
resamendatloni
Any Begro parent living oatelde a Xegro school distrlot would
ha free to make application for hie children to ha adulttad to a white
elementary or Junior high school in vhloh school distrlot he lives.
After a conference, the ohlld or children would he transferred. Parents
of senior high sohool ilegro pupils would he eligible to apply for admission
to e white high sohool. (Boffnan-Boston may he closed to senior hiah
sohool students.)
Ten members of the committee voted to endorse the following
reooauoendation;
Maintenance of present polio/ on eehool distrlot lines. Horn
ever, no ohlld in grades 1=9 would he required to attend a publlo sohool
in whioh another rasa is in a majority. (Hoffaaa-Boston senior high
sohool will he closed.)
Bus transportation will he provided under both the above reoomaendatlone.
The vote m e as follows on the proposed sohool year whan integration
sight ho pat into effect in the different grades of the Arlington eohoolel
_
I

n

in

IT

T

5

2

1

2

6

Grades 1 - 6

1955-56

1955-56

1955-56

1956-57

1956-57

7-9

1955-56

1956-57

1956-57

1956-57

1957-58

9-12

1956-57

1956-57

1957-58

1956-57

1957-58

Totes for

/ s Idith Burton
i/
Secretary, Pro T r
en

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                    <text>ARLINGTON SCHOOL BOARD STATEMENT CONCERNING
THE COMMITTEE TO STUDY PROBLEMS OF INTEGRATION IN THE
PUBLIC SCHOOLS
June 23, 1954-*
The Committee on Integration was set up because the Arlington School
Board needs help from many different segments of our Arlington population con­
cerning the important matter of putting Into effect the recent United States
Supreme Court ruling prohibiting segregation of races in our publio eohoola.
Arlington is a Virginia community where separation of white and Negro
pupils has been practiced ever since public education was first established
in the State. While there are many fine citizens who favor integration, there
are many equally fine citizens who have sincere reservations. With this situa­
tion, the best thinking of our community needs to be enlisted so as to study
and make recommendations as to the wisest way to bring about the changes which
will be required during the next few years because of the Supreme Court ruling.
The School Board took into account these principles in setting up
the committees
1.

The Committee should be large enough to represent
many different areas of thinking among our citizens.

-2.

Persons were not named officially as representatives
of groups.
(For this reason no presidents of organiza­
tions were asked to serve on the committee.) Rather,
the individuals named are connected with representative
local organizations and are familiar with the thinking
and policies of such groups. They will not be official
representatives and therefore will not be required to
poll their members in order to suggest or approve a
course of action on any matter coming before the
committee*

'3.

Since many diverse aspects of school Integration will
probably be studied, the Board named enough people so
the Committee can be sub-divided to study these
different questions. It is expected that other
citizens will be asked by the committee to serve on
sub-committees. Also, the School Board requests that
at least one school staff member be invited to serve
on each sub-committee.

There Is great public interest in the work of this body. Because the
committee" activities must be so closely tied in with school board policies,
the School Board asks that all press releases be approved jointly by the
chairman of the Integration Committee and the chairman of the School Board.
The Arlington School Board earnestly needs the help of this Inte­
gration Committee. However, it must be made clear that the work of the committee
can be only advisory. The committee will make recommendations to the School

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                    <text>FIRST MEETING G? COMMITTEE TO STDDI PROBLEMS Oi IBfBBRATIOS 3$
i
ARLIKGTOM PUBLIC SCHOOLS
Juno 23, 1954
(Approved V Br. McCaakill and Mrs. Campbell)

TWenty»tw® of tha 29 asabars of tho Intonation Caamlttao wsro present
at tho first meeting of tha group, hold at Washington-Lee high school,
at 8s30 p r . Modnssday, June 23, 1954°
.a,
Sicas present wore Rot. Jackson A. Browne, Mrs. R, A Burton, Joseph H
.
.
Carr, Dr. Claire Christman, Mrs. A.J.E. Davis, Alfred E. Friable, Col. J. Fuller
B o a , S r . Esther Halstead, George Hancock, Edwin T Holland, Mrs. Haskell
r c s is
.
Jacobs, Dr. Harold Johnson, Miss Lillian Lambert, Miss Sally Loving,
Dr. J C. McCaakill, lease R Pollard, Georgs Richardson, Dr. Raymond
.
.
Schwarts, Mrs. Mary Shirley, Claude A Swaenoy, Mrs. Killian G. Hatt,
.
Mias Lena Wolfe.
Tho following BCEbsrs of tho camnlttso woro absent? Frank L Ball, Sr.,
.
Victor Blue, Jr., Rov. William H Foster, Mrs. Colin MaePhsrson, Mrs. James D
.
.
Rigdon, Sheedar® W. Taylor, Dr. Curtis E, Tuthill.
Mrs. Elizabeth Campbell, Chairman of t a School Board, presided and
fs
introduced the various casmltteo members, as well as the other members of
the Arlington School Boards Mr. Warren Cos, Dr. Barnard Joy, Dr. E R
. .
Dr&amp;hota, and Dr. L. Clark Keating; Superintendent of Schools T Edward Rutter
.
and Charloa J. Walsh, Assistant Superintendent in charge of personnel.
Each person present was provided with a folder of informational material.
Mrs. Campbell then read the policy drawn up by the Arlington School
Board te guide the Integration Committee in its w r ,
ok

�- 2-

Dr, Jey showed / largo cape of Arlington indicating tho location of
&gt;
the Qegro schools. Each aap also contained information as to ths hems
addrassos of Bs@?o pupils in ths school system,
la reply to question* from the eeasiltteo, Sr. J g explained that th®
cArlington schools operate on a district teals with tho children required
to attend the School to which t o r arc zoned. Io also pointed out that,
hj
'
in order to hasp th® aehool attendance balanced jAroperly with tho spaco in
each building, it ia sometimes nscossary for pupils to bo so l d to attend a
ie
school which is farther away from their hemes than another aehool building
i s th® area. Ha also explained, in response to a question, that th® school
s
beard has t&amp;a authority to sat up the school districts and that th®
diotrletiag ia based on information f o a ths aehool research department.
rs
Mrs. Campbell suggested teat nominations for ohai;miaa of the Gcsamittss
b® by written ballot. The members agreed to m l s thair nominations in
at
teat manner with tho arrsngsEont teat the two persons who received tho
highest number of votes should bo tho naaineas. Dr. Joseph t MeCaakili
,
and Alfred E. Frioblo war® the two nominated. In tho subsequan'- olection.
Dr. MeCaofcUl was named chairman.

Before tee election an opportunity was given for the membere to ‘
•.vootion
t i nominees and to discuss briefly various phases of tho committee's wort,
le
l r . Gaapbell suggested that it would bo moat helpful to the School Board
ie
if the members of tho cazaittse would note what questions are being asked
concerning integration in Arlington) also teat it would ba helpful if the
members of the committee would bo willing to report what these questions
are, and what would be their answers, individually end as a committee.

�-3-

Mra. Campbell also cold that cambers of the School Board wish to
attend matings of tha group.
Seas discussion arose as to whathar or not the Integration Committee
should ba merely a "sounding board" to got the opinion of the community or
whether tho committee should suggest concrete plana for putting integration
into effect. It aaa generally agreed that tho cessn t e will eventually
ito
be asked to suggest plans for integration but the most valuable contributions
at tha beginning will bo in tho collection of information and in helping the
community to prepare for the e a i g change in tho school system.
rsn
Mrs.

a. A Burton suggested that a steering committee should ba named.
.

After discussion it was agreed instead that ary committee appointed at this
time should be a research committee. Mr. Frlsbio moved that the chairman
be empowered to appoint such a committee of not moro than 7 members. Ths
motion was carried unanimously.
It was suggested that a vice-chairman bo named. Mrs. iUJ.E. Davis
nominated Jossa R Pollard, who was elected unanimously,
.
Ths meeting adjourned subject to the call of the chairman.

July 7 - Th® following members of the Integration Committee were
,
named by Dr. J. C. ticCaokill to serve as members of the sub-committee on
research: Mrs. R. A Burton, chairman, Mrs. A.J.E. Davis, Rev. William H
.
.
Poster, Mrs. Esther Halstead, George Hancock, Edwin X Holland, Miss Sally
.
loving.

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                    <text>VIRGINIA

HEALTH
Vol. XVI.

BULLETIN
MARCH. 1924.

Extra No. 2.

The New Virginia Law

To Preserve Racial Integrity
W. A. P lecker, M. I)., Stale Registrar of Vital Statistics, Richmond, Va.
Senate Bill 219, To preserve racial integrity, passed the House
March 8, 1924, and is now a law of the State.
This bill aims at correcting a condition which only the more thought­
ful people of Virginia know the existence of.
It is estimated that there arc in the State from 10,000 to 20,000,
possibly more, near white people, who are known to j&gt;ossess an inter­
mixture of colored blood, in some cases to a slight extent it is true, but
still enough to prevent them from being white.
In the past it has been i&gt;ossible for these jicoplc to declare them­
selves as white, or even to have the Court so declare them. Then they
have demanded the admittance of their children into the white schools,
and in not a few cases have intermarried with white people.
In many counties they exist as distinct colonies holding themselves
aloof from negroes, but not being admitted by the white people as of
their race.
In any large gathering or school of colored |&gt;cople, esjjccially in the
cities, many will be observed who are scarcely distinguishable as colored.
These persons, however, are not white in reality, nor by the new
definition of this law, that a white person is one with no trace of the
blood of another race, except that a person with one-sixteenth of the
American Indian, if there is no other nice mixture, may be classed as white.
Their children are likely to revert to the distinctly negro type even
when all apparent evidence of mixture has disappeared.
The Virginia Bureau of Vital Statistics has l&gt;een called upon within
one month for evidence by two lawyers employed to assist people of
this type to force their children into the white public schools, and by
another employed by the school trustees of a district to prevent this
action.
Entered as second class m atter July 28, 1908, a t the Postoffice a t Richmond,
Va., under the Act of July 16, 1894.

�2

Virginia Health Bulletin

In each case evidence was found to show that cither the people them­
selvesor their connections were reported to our officeto beof mixed blood.
Our bureau has kept a watchful eye upon the situation, and has
guarded the welfare of the State as far as possible with inadequate law
and power. The condition has gone on, however, and is rapidly in­
creasing in importance.
Unless radical measures are used to prevent it. Virginia and other
parts of the Nation must surely in time go the way of all other countries
in which people of two or more races have lived in close contact. With
the exception of the Hebrew race, complete intermixture or amalgama­
tion has l&gt; the inevitable result.
een
To succeed, the intermarriage of the white race with mixed stock
must be made impossible. But that is not sufficient, public sentiment
must be 9o aroused that intermixture « u of wedlock will cease.
&gt;t
The public must be led to lookwith scornand contempt upon the man
who will degrade himself and do harm to society by such abhorrent deeds.
TIjc Bureau of Vital Statistics, Clerks who issue marriage licenses,
and Ilie school autlairities are the barrier* placed by this law between
the danger and tin* safety of the Commonwealth
The task of the Bureau of Vital Statistics is a great one, with not a
cent of appropriation to accomplish it with.
There is a plan, however, by which it may be financed if the public
will lend its aid.
Thousands have applied for the registration of births tliat occurred
before June 14, 1912, the date when the old law went into effect.
The new law further prorides for the registration of all persons who
desire it, and who will make application for such registration of color
and birth, remitting at the same time the fee of twenty-five cents for
each applicant. I)o not send stamps. These births will be perma­
nently recorded and preserved for all time, and will lie of great value
for many purposes, such as to prove American citizenship when apply­
ing for jassports to go abroad, and for establishing and preserving the
family tree for future generations.
We will even admit for registration persons living in Virginia but
born elsewhere. Ako Virginians now living elsewhere. A family may
complete its family tree by recording deceased ancestors or relatives.
Kach person w thus obtain full value received for the small fee. Mar­
ill
ried womensltouldgiveboth their full maiden nameand name of husband.
If ten or twenty thousand or more w register within the next few
ill
weeks, we will he able to provide printed forms, filing cases, desks, type­
writers, postage, and clerk hire, to begin a vigorous State-wide educa­
tional propaganda. After 90 days those who do not register at once
may do it through our local registrars at the same cost. Write at once
for sufficient registration cards and instructions, enclosing for reply a
stamped addressed envelope large enough to ho!d3by 5inch cards. Acard
announcing the registration w be returned as soon as possible. Ixtdges,
ill
patriotic orders, womens’ organizations, and schools can act in Indies.
For the purpose of establishing the true color of individuals for the
future, physicians and others who report births and marriages, will as
far as possible use color terms accurately.
A Mulatto is the offspring of a white person ami a negro.
A Quadroon is the offspring of a mulatto and a white person.
An Octoroon is the offspring of a quadroon and a white person.

�_______ T h e A'ctt

V irg in ia L a w T o Preserve R a cial*Integrity

3

Mixtures of either of these crossings with true negroes should be
designated as Black, Negro or Colored.
The term “Mixed,” “Issue," and perliaps one or two others, will
be understood to mean a mixture of white and black races, with the
white predominating.
That is the class that should be reported with the greatest care
as many of these are on the borderline, and constitute the real danger
of race intermixture.
The term “Indian” will no longer be accepted for that class, but
must be applied only to those of known pure Indian blood, or those
mixed with white. If there is a mixture of nepv they must not be
classed as Indians but as “Negro” or “M Indian.”
ixed
Japanese, Chinese and other Mongolian and Malay races must be
designated as such, giving U country of their birth or of their ances­
ie
tors.
When crossed with white, the race mixture should be indicated as
Japanese-white. If with black they should be designated as black or
negro, but it may be written twgro-Japancse.
The Virginia Bureau of Vital Statistics is in jiosscasion of the mar­
riage records for the State l&gt;ack to 1853, arranged by counties or cities
and years, but they are not indexed further Iwck tlian 1917.
Also births and deatlis, covering the period 1853 to 1896.
If these can be properly indexed they will afiford an invaluable
source of reference for establishing color in many cases, and for other
purposes. If sufficient revenue is derived from the registration fees,
it ts hoped that this indexing can he done. Address
BUREAU OF VITAL STATISTICS,
D ep t.

1924 L ate.

RICHMOND, V .
A

AN ACT TO PRESERVE RACIAL INTEGRITY.
1. Be it enacted hv the General Assembly of Virginia, That the
State registrar of vital statistics may as soon as practicable after the
taking effect of this act, prepare a form whereon the racial composition
of any individual, as Caucasian, Negro, Mongolian, American Indian,
Asicatir Indian, Malay, or any mixture thereof, or any other nonCaurasicstrains, and if there be any mixture, then the racial composition
of the parents and other ancestors, in so far as ascertainable, so as to
show in what generation such mixture occurred, may be certified by
such individual, which form shall lie known ns a registration certificate.
The State registrar may supply to each local registrar a sufficient num­
ber of such forms for the puqxiaesi of tliis act; each local registrar may
rsonall.v or by deputy, as soon as jxwsiblc after receiving said forms,
vc made thereon in duplicate a certificate of the racial composition as
aforesaid, of each person resident in his district, who so desires, bom
before June fourteen, nineteen hundred and twelve, which certificate
shall lie made over the signature of said person, or in the case of children

K

�4

Virginia Health Bulletin

under fourteen years of age. over the signature of a parent, guardian,
or other person standing in loco parentis. One of said certificates for
each person thus registering in ever}- district shall be forwarded to the
State registrar for his files; the other shall be kept on file by the local
registrar.
Every local registrar may, as soon as practicable, have such regis­
tration certification made by or for each person in his district who so
desires, lx&gt;rn before June fourteen, nineteen hundred and twelve, for
whom he has not on file a registration certificate, or a birth certificate.
2. It shall be a felony for any person wilfully or knowingly to
make a registration certificate false as to color or race. The wilful
making of a false registration or birth certificate shall be punished
by confinement in the penitentiary for one year.
3. For each registration certificate properly made and returned
to the State registrar, the local registrar returning the same shall be
entitled to a fee of twenty-five cents, to lie paid by the registrant.
Application for registration and for transcript may lx? made direct to the
State Registrar, who may retain the fee for expenses of his office.
4. No marriage license shall lx? granted until the clerk or deputy
clerk has reasonable assurance that the statements as to color of both
man and woman are correct.
If there is reasonable cause to disbelieve that applicants arc
of pure white race, when that fact is stated, the clerk or deputy
clerk shall withhold the granting of the license until satisfactory proof
is produced that both applicants are “white persons” as provided for in
this act
The clerk or deputy clerk shall use the same care to assure himself
that both applicants are colored, when that fact is claimed.
5. It shall hereafter lx? unlawful for any white person in this State
to marry any save a white person, or a person with no other admixture
of blood than white and American Indian. For the purpose of this act,
the term “white person” shall apply only to the person who has no
trace whatsoever of any blood other than Caucasian; but persons who
have one-sixteenth or less of the blood of the American Indian and have
no other non-Caucasic blood shall be deemed to be white persons. All
laws heretofore passed and now in effect regarding the intermarriage of
white and colored persons shall apply to marriages prohibited by this
act.
6. For carrying out the purposes of this act and to provide the
necessary clerical assistance, ix)stage and.other expenses of the State
registrar of vital statistics, twenty per cent of the fees received by local
registrars under this act shall be paid to the State Bureau of Vital
Statistics, which may be expended by the said bureau for the purposes
of this act.
7. All acts or parts of acts inconsistent with this act are, to the
extent of such inconsistency, hereby repealed.

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                    <text>EXTRACTS FROM BOARD ACTION
ON 28 JUNE 1971

CONCERNING
t
-

CURRENT LITIGATION SEEKING INTEGRATION
of
DREW AND HOFFMAN-BOSTON ELEMENTARY SCHOOLS

Board Statement of Policy
Guidelines to be Used in Desegregating the Schools
Table Showing the Consequences of Applying the Guidelines

�ARLINGTON PUBLIC SCHOOLS
June 28, 1971
STATEMENT OF POLICY ISSUED BY THE ARLINGTON COUNTY
SCHOOL BOARD CONCERNING CURRENT LITIGATION SEEKING INTEGRATION
OF DREW AND HOFFMAN-BOSTON ELEMENTARY SCHOOLS

The School Board has held many lengthy conferences with its attorneys on
the suit instituted by parents in the Drew School area asking the federal
courts to require further integration in the Arlington School System. A
consultant attorney experienced in this field participated in these conferences.
The School Board was eventually advised that the recent Supreme Court
decisions and subsequent decisions by the United States Court of Appeals for the
Fourth Circuit, which includes Virginia, make it clear that the ultimate result
of that case would be a federal court order requiring the Arlington County School
Board to take further steps to integrate its school system into a unitary system.
The School Board has worked with the staff and the attorneys to develop a
plan for integration of the two schools which would best meet not only the
anticipated legal requirements but also the best interests of all Arlington
students and of the community as a whole.
During this process the School Board instructed its attorneys to consult
with the attorneys for the plaintiffs in order to try to reach an agreement
on a desegregation plan that would reduce rather than increase tensions. Several
meetings and conversations took place, but no agreement was reached.
The School Board discussed many times the possibility of inviting the public to take part in the development of a plan. For some weeks, consultation between
our respective attorneys looked like a better procedure; by the time it became
clear that further consultation would be unproductive, there was too little time
for meaningful public participation. For this reason and because of the legal
and technical complexities, the Board decided that the obligation and responsi­
bility could not be so shared, nor would the community benefit by public discussion
of an issue of this nature, especially under these circumstances.
The Board will release tonight the plan it has developed.

Briefly stated:

The students in grades 1-6 of Drew and Hoffman-Bos ton will be assigned to
elementary schools throughout the Arlington School System. Kindergartens will
continue at both Drew and Hoffman-Boston. No present school boundaries will
be changed. A school will not be assigned students in such numbers that its
total enrollment will exceed its rated capacity by more than 5%. Every elemen­
tary school will be integrated. In future years, students advancing from an
elementary school will attend the junior high school or schools serving that
elementary school and then to the senior high school or schools serving that
junior high school.
During the coming year the School Board will develop plans for a model
school to be located in the Drew building and operated on an integrated basis.
We hope that imaginative new approaches to elementary education and smaller

�Statement of Policy

Page 2

classes will attract many parents who wish their children to have this
type of education which we cannot now maintain in all schools. Time
does not permit the planning, nor are the funds available, to implement
the model school concept by the beginning of the new school year in
September, 1971. However, the School Board is very willing to explore
this possibility on a reduced scale. It is planned that the Drew School
facility will be used for the Montessori pre-kindergarten, the Drew
kindergarten, adult education, and for other school programs; the HoffmanBoston building will be used for the Hoffman-Boston pre-kindergarten,
kindergarten, and for the 7th grade of Thomas Jefferson Junior High School.
The details of our plans are being made available to the news media.
Summary sheets will be placed on the table outside the door for interested
individuals. The full details will soon be available at the information
desk in the lobby of this building. They will also be mailed in response
to a phone call to the Information Office— 558-2838.
Speaking for the Board as Chairman, I now move (1) that we instruct
our attorneys to file with the U.S. District Court the plans described in the
staff memorandum and documents of today’s date, and (2) that we instruct the
staff to proceed to carry out the plan.

�SECTION II

Guidelines to be Used in Desegregating Drew and Hoffman-Boston
Elementary Schools

1.

Drew and Hoffman-Boston kindergarten students will remain at Drew and
the Thomas Jefferson Annex (where Hoffman-Boston students are presently
housed).

2.

Drew and Hoffman-Boston students for grades 1 through 6 will be assigned
to other elementary schools:
a.

When the added students, would not cause the receiving school to
have an enrollment exceeding its established rated capacity by
more than 5%.

b.

At a ratio of black to white of as close to 11% as is practical
within a range of 7% to 15%, with the exception of the following
elementary schools whose present attendance areas enroll more
than 15% black students:
(1)
(2)

Fort Myer, whose ratio is approximately 18%

(3)

George Mason Center, whose ratio is approximately 19%

(4)
3.

Glebe, whose ratio is approximately 22%

Patrick Henry, whose ratio is approximately 18%

Family groupings will be taken into account in assignment to a particular
school.

4.

Transportation will be provided as needed.

�ARLINGTON PUBLIC SCHOOLS
Department of Research

June 25, 1971

ELEMENTARY PUPIL MEMBERSHIP— Est. 1971-72
GRADES I thru 6 Only
With DREW A HOFFMAN-BOSTON - Grs. 1-6
Housed Outside Their Present Elementary Districts

SCHOOLS

Ab1
ngdon
Ash lawn
Barcroft
Barrett
C1
aremont
C1
ay-Ff1Imore
Oust i
s
Drew
Fair linqton
.
Ft. Myer
Geo. Mason
Glebe
Glencarlyn
Henry
Hoff-Boston
Jackson
Jamestown
Key
Madison
Maury
McKinley
Nottingham
Nat'1 Orth.
Oakridqe
Page
Randolph
Reed
Taylor
Tuckahoe
Woodmont
TOTAL:

Memb.
NEGRO PUPILS
Est.
Per1---Est.
New
No.
Add From Tota 1
Rated PerCent
Tota 1 Negro Drew and Neqro Tota 1 Capacity Cent
Over
1971-72 Now
H-B
71-72 1971-72
Neqro Capacity
470
1
1
52
63
522
675
1.1
2 %
1
4
358
30
44
388
385
11.3
n
314
3
39
42
353
350
11.
9
i
410
3
-03
0.7
410
375
9
408
5
49
54
457
450
11.
8
2
27
300
6
33
327
325
1.1
0
1
34
253
-034
287
300
11.8
590
-0309
8
341
32
40
350
11.
7
277
50
277
18.1
-050
425
69
1
2
-01
2
69
17.4
70
421
89
89
421
-0500
21.1
439
35
7
42
9.4
5
446
425
553
100
-0100
553
632
18.1
11
4
-0408
2
1
2
1
4
420
400
3.3
5
489
-066
66
555
575
11.
9
666
24
5
1
3
11
677
645
3.5
263
-036
299
12.0
36
325
156
1
7
3
20
173
175
11.
6
1
3
323
43
353
30
425
12.2
496
2
28
30
524
500
5.7
5
5
-05
519
37
29
66
556
705
11.9
326
2
42
44
368
425
12.0
435
8
54
481
46
475
1
11.2
~
STS
77
77
550
15.1
-0510
586
59
1
0
69
596
650
11.
6
465
2
58
60
523
500
5
11.
5
-0301
4
1
4
1
342
450
12.0
11,233

546

704

1,250

11,233

—

II lt
.i

-

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_ W eflN U CCiiffilTEE FOB Plffliffi i - ■
BROAD BRACE ARCADE

V

ij. .,i; —

ORGANIZING
TO SAVE
PUBLIC
SCHOOLS...
19St, -

H ow V ir g in ia n s r a llie d
to th e d e t e n s e o t th e
p u b lic s c h o o l s y s t e m
in th e V irg in ia C o m m itte e
to r P u b lic S c h o o ls

/

?S?

�F o rew o rd
This story of the Virginia Committee for Public Schools,
tells how citizens concerned over the safety of public schools
in Virginia organized in a body 25,000 strong, and how this
organization has played a significant part in meeting threats to
the public school system of this state.
The author is William Marion Lightsey, Executive Sec­
retary of the Virginia Committee for Public Schools, who was
assisted by Dr. J. L. Blair Buck, President of that organization.
M r. Lightsey is a native of South Carolina, now residing
in Arlington, Virginia, who was until recently an official of the
United States Department of Agriculture. H e has been a
leader for many years in Parent-Teacher Association activities.
H e was a charter member of the Arlington Committee for
Public Schools and its President during the crucial fall of 1958.
H e was active in the Virginia Committee from its inception.
Dr. Buck was an official of the Virginia Department of
Education from 1929 until his retirement in 1956. H e is the
author of the historical work, “The Development of Public
Schools in Virginia.”

\

The Messenger Press
Manassas, Va.

�THE VIRGINIA COMMITTEE
FOR PUBLIC SCHOOLS
The Virginia Committees for Public Schools were not in­
tended to replace the Parent-Teacher Associations, the Virginia
Education Associations, or other of those groups which have
labored long and effectively on behalf of public education in
Virginia. The Committees for Public Schools stepped in to fill
a void left by the initial failure of other organizations, for a
variety of reasons, to embark on the strong state-wide pro­
gram necessary to convince Virginia law-makers that Virgini­
ans did not want to sacrifice their public schools.
Many members and leaders of the Committees for Public
Schools are also members of the P-TA, the VEA, or other
groups concerned with public schools and with the general
welfare. The singleness of purpose of the Committees for
Public Schools permits these members of other groups to par­
ticipate in the coordinated, fast-moving action program neces­
sary to meet an emergency.
The purpose of the Virginia Committee for Public Schools
is simply stated on its membership card:
We affirm our determined support of free public education
for every child in Virginia. We believe this should continue to be
guaranteed by the Constitution of Virginia.

ONE YEAR’S PROGRESS
The movement began separately in several different com­
munities. It began first in Arlington in April, 1958, with a
meeting of community leaders who were afraid their public
schools would be closed in September under the state’s “ mas­
sive resistance” laws. It began in Charlottesville, Norfolk and
Front Royal (W arren County), when the opening of public
schools in those localities was prevented in September 1958.
It began in Richmond, and other areas not immediately
threatened with school closings, when it became evident in late
1958 that the courts would invalidate the “massive resistance”
laws. The prospect that the General Assembly would be called
into special session raised the danger of legislation threatening
public schools.
1

�At the end of the first year, in July 1959 more than
25,000 white Virginia residents held membership in the Vir­
ginia Committee for Public Schools. Local Committees for
Public Schools were organized and operating in fifteen cities
and counties: Alexandria, Arlington, Blacksburg, Charlottes­
ville, Christiansburg, Fairfax-Falls Church, Lynchburg, Nor­
folk, Newport News and Peninsula Area, Radford, Richmond
Rockingham County, Warren County, Washington County,
and Waynesboro.
Meanwhile, the Virginia Committee for Public Schools
had had a profound and salutary effect upon legislation and
state policy in Virginia.

Arlington
In the spring of 1958 a group of citizens met to assess
the possible application of the Virginia “massive resistance”
laws in Arlington County and to consider whether there was a
need for a citizens’ organization other than groups like the
Parent-Teacher Associations and the local Citizens Committee
for School Improvement which already concerned themselves
with school problems.
It was decided that a new organization was needed to draw
all segments and philosophies of the community together in
support of a single objective: the prevention of the closing of
the public schools in Arlington.
O f basic importance was an initial decision that the policy
of the organization would be to support neither segregation nor
integration of the schools — and that this policy must be con­
tinually emphasized. From its inception the group included
segregationists and citizens of many shades of opinion on this
question.
A fter several meetings and much discussion and planning,
on May 1, 23 Arlington citizens issued the following statement:
The undersigned Arlington citizens and parents, alarmed
about the future of our public schools, have been considering
ways and means to assure maintenance of public education in Arl­
ington next fall. This is necessitated by the prospective applica­
tion of Virginia State laws closing schools under Federal court
action outlawing segregation. For this reason we have formed an
interim Organizing Committee to Preserve Public Schools, and
we invite all like-minded persons who share our concern to join us.
We shall see that the public is kept fully informed on developments
in this matter.

2

�The Organizing Committee has concluded so far:
1.
2.
3.
4.
5.

We are determined to pursue every legal means to keep public
schools open.
We are here concerned neither with perpetuating segregation
in schools noi* hastening integration.
We oppose entrusting public education to private hands having
no responsibility or accountability to the general public.
We have faith in Arlington’s ability to meet its public edu­
cation problems.
We recognize the excellence of the teaching and adminis­
trative staff in Arlington schools. We assure them
that the community values its educational system and that it
is determined to maintain its public schools. We urge Arl­
ington teachers to stand with the community in the days
ahead.

Response to this announcement clearly indicated that
citizens wanted an organization which would work solely for
the preservation of public schools and which could unite
thousands of Arlingtonians in this one crucial purpose. An en­
larged organizing group held a meeting on June 12, which
was attended by nearly 700 people. This meeting established
the Arlington Committee to Preserve Public Schools. It adopted by-laws and elected officers and an executive board.
The by-laws included the five conclusions listed above.
During the summer months the executive board kept
abreast of the legal and administrative aspects of this problem;
conferred with local officials including the Arlington School
Board and kept its membership informed. The latter now
numbered over 3,300. Members of the executive board joined
with other community leaders in conferring with Governor
Almond and assuring him of the desire of the overwhelming
majority of Arlington citizens to keep the public schools open.
The legal sub-committee studied various steps which indi­
vidual citizens or local officials might take in State or Federal
courts to insure continued public education. It came to the con­
clusion that the State school-closing and fund-withholding
laws would be declared unconstitutional by the courts.
Late in August, after due deliberation, the executive board
announced its decision that any suit designed to test the consti­
tutionality of the Virginia school-closing law would be inad­
visable unless, or until, a school was actually closed. Members
of the legal sub-committee, however, were prepared to be of
assistance to plaintiffs whenever the filing of suits should be­
come appropriate.
3

�The immediate threat of school closings was temporarily
relieved when the Federal Court early in September post­
poned until February, 1959, the effective date of admission of
four Negro applicants to one of the junior high schools in
the county.
During the fall of 1958 the interest and activity of the
Arlington committee was directed primarily to working with
similar groups in other Virginia communities faced with the
closing of public schools and to increasing the membership of
the Arlington committee, which had reached 4,500 by No­
vember.

Charlottesville
The opening of the Charlottesville public schools sched­
uled for September, 1958, was postponed by the school board
pending the decision of the Federal court on the applications
of twelve Negroes to two white schools. Under the “massive
resistance” laws of Virginia, the schools were later to be closed
by the Governor when the court ordered the admission of
Negro applicants.
One Charlottesville parent, unable to accept closed public
schools as the answer to the desegregation problem, decided to
see what he could do about it. A public school teacher gave him
the names of several people who might be interested in dis­
cussing the problem. H e found three other parents who felt
that something should be done and were tired of waiting for
others to do it.
Seven parents came together for the first meeting to de­
termine how the community could be aroused to voice opposi­
tion to closed public schools. These seven organizers did not
represent any particular civic group nor were they identified
with integrationist or liberal organizations. They were just
concerned parents.
After a telephone call to a leader of the Arlington com­
mittee, the organizers decided to form a similar committee. Be­
cause of the imminence of the court decision, it was decided to
call an organizational meeting four days later. They obtained
copies of the Arlington committee by-laws, objectives, member­
ship literature, and history, using these as patterns for their
plans for organization.

4

�The organizers telephoned friends and neighbors and all
who they thought might be interested, inviting them to attend
an organizational meeting. They called upon prominent local
businessmen and civic leaders, trying to interest them in as­
suming the leadership of the group. There were few volunteers
in this quarter, but they found many citizens like themselves
who were concerned and had been waiting for someone to
start a public movement.
Each person who attended the organizational meeting
was handed a statement of objectives. Over 200 attended the
meeting and 167 of these signed membership cards. The ob­
jectives were discussed, a motion to organize and to approve
the objectives was passed, and a resolution was adopted calling
on the school board to request the Governor to return the
Charlottesville schools to local control. An executive board of
seven was elected. This was empowered to complete the or­
ganization of the committee and to act for its membership.
During the following weeks, the committee directed its
efforts to increasing its membership and awakening the com­
munity to the need for maintaining public education. By the
first of November membership in the committee had reached

1, 000.
The principal lesson to be learned from the experience
of the Charlottesville committee was that organization should
take place before the crisis. By waiting until the need for action
was acute, the committee found itself overburdened with or­
ganizational problems at a time when the total effect should
have been directed to action. Also, by not organizing until
school closing was imminent, feeling in the community had
been allowed to harden and leaders in vulnerable business and
professional positions were reluctant to expose themselves
and risk economic reprisals.
Nevertheless, a feeling of loyalty to public schools was
kept alive during the five-months resort to private schools.
Many school patrons insisted that they were patronizing
private schools from necessity and only until the public schools
should be opened again.

5

�Norfolk
A small group of parents met several times during the
summer of 1958 to discuss what could be done to keep Norfolk
schools open and to prevent violence there if schools should
open in September on a desegregated basis. When September
came and six schools were closed, shutting out nearly 10,000
pupils, this group called on the Arlington committee for
advice and material, and went to work.
The Norfolk Committee for Public Schools was formally
organized September 16, 1958. A prepared statement of pur­
pose was adopted and officers and executive committee were
elected. It was decided to announce the formation of the com­
mittee and solicit public support by means of newspaper ad­
vertising and general publicity as soon as the support of com­
munity leaders could be obtained.
Prominent businessmen and civic leaders were personally
contacted and asked if they would join with 100 or more like
themselves in a public announcement of support for the pur­
poses of the committee and for the reopening of the Norfolk
schools.
On September 24 and 25 the committee placed a nearlyfull-page ad in the two Norfolk newspapers. The ad stated the
purpose of the committee, gave the names of the officers and
executive board, listed the names of 150 prominent citizens
whose support had been obtained, and invited others of like
mind to become members.
A downtown office was opened and manned with volunteer
workers. On September 30, a further ad in both newspapers
asked citizens to clip and return a coupon requesting the city
council to join a willing school board in petitioning the Gov­
ernor to return the closed Norfolk schools to local control. The
gratifying results of this newspaper poll were used by spokes­
men for the committee in appearances before the city council
urging its support in the effort to obtain the return of the
schools for operation by the city.
On October 9 a rally of women volunteers was held for
the purpose of organizing a house-to-house canvass for in­
creased membership in the committee. By this and other means
the membership had reached 6,500 by early November.
In response to a request from a number of white parents,

6

�the committee agreed to furnish legal assistance in advancing
a suit in Federal court designed to force the reopening of the
closed schools. This was the famous “James vs. Almond” case,
which resulted in the downfall of Virginia’s “massive resist­
ance” laws, the reopening of the Norfolk schools, and the pre­
vention of school-closings in other Virginia communities.
The Norfolk Committee for Public Schools assumed the
responsibility for raising the $8,000 to $10,000 necessary to
finance the suit in the various courts.

Warren County
The people of this county seemed stunned in September,
1958, when unexpected and swift court action resulted in an
order for the immediate admission of 21 Negro applicants to
the Warren County High School at Front Royal, and the
Governor, under the “massive resistance” laws ordered the
school closed immediately. The sense of shock was evidenced
by the complete silence and apparent apathy of the leadership
of the community.
However, there was not a complete lack of action. On
the night the school was closed three parents took council to
see if anything could be done to gain community support for
re-opening the school. One mentioned the Committees for
Public Schools that had been formed now in Arlington, Char­
lottesville and Norfolk. Arlington leaders were called on for
advice and material.
Two nights later a group of twelve citizens met and de­
cided to form a committee. Proposed by-laws and organiza­
tional plans were developed. Four days later four members of
this group went to Richmond and met there with leaders of the
three committees already operating in Arlington, Charlottes­
ville and Norfolk. A week later an organizational meeting Was
held in Front Royal. All persons interested in re-opening the
school, even if it must be integrated, were invited to attend.
Eighty-seven citizens met and organized a Committee for
Public Schools.
In the meantime, however, most community leaders re­
mained silent, while extreme segregationists began public ap­
peals to the emotions of the people. In a short time antiNegro, pro-segregation sentiment had spread throughout the
county.
7

�Warren County stands out as an example of what can hap­
pen in almost any community in the South if the moderate
community leadership fails to consider, in advance of the
crisisy the damaging results of closed schools.
The Warren County Committee for Public Schools has
continued to work more or less quietly and has a membership
of above 200.

Committees Get Together
As the pioneer committees were organizing in the four
communities immediately threatened with school-dosing, con­
ferences were held by telephone or by visits among the leaders.
As a result, the pattern of organization of the groups de­
veloped along similar lines. In October 1958, at the request of
W arren County leaders, representatives of the four groups met
for the first time in Richmond. This meeting took the form of
a round-table discussion of the problems facing the committees
and ways and means of increasing their effectiveness.
Those attending this meeting agreed that another should
be held early in November and that consideration should be
given to forming a state organization.
The next meeting was held in Richmond on November
8, 1958. In addition to seventeen representatives from the
existing committees, individuals from Alexandria, Fairfax
county, Lynchburg and Richmond were now present. At this
meeting and at subsequent meetings, by far the most interesting
and exciting part of the agenda were the reports of the local
committees, particularly those of the pioneer groups.
The meeting heard a complete report and forecast on
the current legal situation in Virginia, given by Mr. Warren
Cox, chairman of the legal sub-committee of the Arlington
Committee. The two pending suits testing the validity of the
“massive resistance” laws were explained by M r. Cox.
One suit, “Almond vs. Day” , was brought by the state it­
self directly before the Supreme Court of Appeals of Virginia.
This sought an opinion on the validity of the school-closing
law, certain provisions for tuition grants for private school
education, and the provision in the 1958 appropriation act for
withdrawing state funds from integrated schools. It also
sought to test the soundness of the contention of state authori­
ties that the Federal Court prohibition against segregated
8

�schools had made inoperative Section 129 of the State Consti­
tution, which requires the State to maintain public schools, on
the theory that Section 129 had reference only to segregated
schools.
M r. Cox also discussed the “James vs. Almond” case, in
which 26 Norfolk residents, including 11 children, were chal­
lenging the school-closing law in the Federal Court on the
ground that closing the Norfolk schools, while permitting
schools in the rest of the state to operate, was depriving the
plaintiffs, and all others in Norfolk, of equal protection of the
laws and was in violation ot the 14th amendment of the
United States Constitution.
M r. Cox predicted that the results of these suits would be
to establish clearly that Virginia had a choice only between:(l)
allowing some integration in the public schools or (2) closing
all schools in the state; and further that the latter choice could
be effected only by amending the State Constitution.
The group unanimously agreed that another meeting
should be called in a few weeks and that this meeting should
take steps to form a state organization or federation of local
committees. Dr. J. L. Blair Buck of Richmond consented to
serve as a Temporary Coordinator and to set up a message
center for the exchange of information.
It was agreed that the committee members and others
would contact local leaders in their communities to determine
those who would be willing to join with others throughout the
state in launching an all-out appeal for support of public edu­
cation. Local representatives were asked to send to Dr. Buck
suggestions and plans for statewide publicity and for the dis­
tribution of educational leaflets and other material of an edu*
cational nature on the advantages and need of public schools

The State Committee Is Formed
The next meeting was called by Dr. Buck as Temporary
Coordinator and was held in Richmond on December 6.
Seventy-five attended, forty from Richmond and the remain­
ing 35 from 14 different cities and counties. In addition to lay­
ing plans for a central state organization, the meeting served
as a means of acquainting Richmond leaders with the work of
the local committees in other areas and providing a stimulus
for the organization of a local committee in the Richmond area.
9

�Many excellent statements concerning the need for alerting the state to the danger of losing its public schools were
made by prominent businessmen and civic leaders.
The Temporary Coordinator reported that a downtown
office in Richmond had been obtained and would be staffed to
serve as a “message center” and as headquarters for any work
needed to be done in developing a coordinated state effort.
Official action taken by the group included:
(1) Declaration of intention to form a state organiza­
tion, the name to be decided by a committee to be appointed
by the presiding chairman;
(2) Authorization for the chairman to appoint a com­
mittee of seven, representing the geographical areas concerned,
to formulate principles and plans for organization j
(3) Authorization for Dr. Buck to continue as Tem­
porary Coordinator and chairman of the organizing group; and
(4) Approval of the following statement of purpose:
“ We affirm our determined support of free public education
for every child in Virginia. W e believe that this should con­
tinue to be guaranteed by the Constitution of Virginia.”
The organizing group, which the Temporary Coordinator
appointed to serve as a pro-tem steering committee, consisted
of representatives from Arlington, Charlottesville, Norfolk,
Richmond, and Waynesboro. A seventh member, from New­
port News, was added later.
The formal organization and the election of permanent
officers and executive board members was not complete until
the fifth meeting of the steering committee which was held on
February 14. However, the central Richmond office began
operating, almost immediately following the December 6
meeting, under the direction of the Temporary Coordinator.
FIRST STEERING COMMITTEE MEETING
At this meeting in Richmond on January 7, 1959, the
following action was taken:
(1) The name “ Virginia Committees for Public Schools”
was adopted.
(2) It was agreed that the officers would be: President, two
or more Vice Presidents, Secretary, and Treasurer.
(3) Approval of a motion to provide for a Board of Di­
rectors of not less than 21, with an Executive Committee of nine
(geographically selected), and that authority be given for this

10

�Executive Committee to increase its membership. A later mo­
tion named the Steering Committee members, plus the Temporary
Coordinator, as the Executive Committee.
(4) Provision for appointment of standing committees for
Finance, Legislation Membership, and Publicity, and for an
Executive Secretary.
(5) Adoption of the following Statement of Principles:
We believe that a state-wide system of public education is es­
sential to the welfare of Virginia. Our belief rests on the following
premises:
That representative government depends for its success on an
educated electorate; that the economic prosperity of Virginia
depends upon a high level of educational preparation of the youth
of the Commonwealth.
I f the public school system of Virginia is abandoned or allowed
to deteriorate, we believe:
That the cost to parents of private education would pre­
vent the education of large numbers of children;
That the absence of public education through any prolonged
period of time would lead inevitably to widespread discouragement
and even demoralization among the children and youth of the
state with rising welfare and delinquency problems resulting;
That drastic dislocations in the economic balance of the
state would be caused by movements of population from communi­
ties without public schools;
That new industry would not be attracted to Virginia and
existing industries would in some cases withdraw their plants from
the state with a resultant loss of employment opportunity for
all people of the Commonwealth; and
That property values would drop, with resulting loss to
householders.
We therefore affirm our determined support of free public
education for every child in Virginia. We believe this should con­
tinue to be guaranteed by the Constitution of Virginia.
(6) It was agreed that the membership cards for the Vir­
ginia Committee would carry the above affirmation.

ORGANIZATION LIMITED TO WHITE CITIZENS
Dr. Buck, who was elected Acting Executive Secretary at
this meeting, explained the reasons why it seemed necessary to
adopt a policy of limiting membership in the committee to
white residents of Virginia:
(1) It was hoped that this policy would help counteract
the oft-repeated statement that the white voters of Virginia
would prefer to abandon public schools entirely rather than ac­
cept any integration.
(2) The hope of securing a large number of white

11

�members could not be realized through a bi-racial committee
in the present climate of public opinion.
Dr. Buck explained that this subject had been discussed
with several Negro leaders and they had a thorough under­
standing of the reason for restricting the membership of the
committee.
A chairman of a special By-laws Committee was appointed
and asked to draw up a set of proposed by-laws for presenta­
tion at the next meeting
SECOND STEERING COMMITTEE MEETING
The second Steering Committee meeting was held in Rich­
mond on January 24, 1959. This meeting came four days after
the Virginia Supreme Court of Appeals and the Federal Dis­
trict Court handed down decisions which shattered the “mas­
sive resistance” laws of Virginia.
The by-laws proposed by the special committee appointed
at the previous meeting were studied, discussed and adopted.
The by-laws were made as simple as possible. They provided
for officers and Executive Board as agreed upon at the January
7 meeting. Broad power to act for the membership of the
committee was given to the Executive Board. The Executive
Secretary was made responsible for carrying out the operations
of the committee. The work of the committee would be
financed through contributions received from local committees,
members and friends.
The by-laws provided for two types of membership in
the state committee.
(1) Individual membership for those in areas where
a local committee did not exist, and
(2) The automatic membership resulting from being a
member of a local committee which is affiliated with the state
committee.
The question of incorporation of the Virginia Committees
for Public Schools was discussed. It was agreed that the legal
committee should be asked to study the question and proceed
with steps to incorporate if it found this to be desirable.
It was agreed that an Advisory Board of prominent
leaders from all parts of the state should be set up.
The Acting Executive Secretary was made chairman of a
12

�nominating committee and asked to bring in a proposed slate
of officers and Advisory Board members for consideration by
the Executive Board.
EXECUTIVE COMMITTEE MEETS
(The Steering Committee had now become a part of the
Executive Committee.) A third meeting was held in Richmond
on January 31, 1959.
The committee heard reports of successful efforts to form
local committees in Alexandria, Fairfax County-Falls Church,
Newport News and the surrounding Peninsula area, Richmond
and Waynesboro.
The representatives from Waynesboro reported that the
General Manager of the General Electric plant there, Dr.
Louis Rader, had sent a letter to heads of industries and
business in Virginia asking them to join in the support of the
Virginia Committees for Public Schools.
A statement concerning the political situation in the state
was prepared, adopted, and released to the press. This state­
ment commended the Governor for the moderate position he
had taken at the opening of the special session of the General
Assembly earlier in the month. It also noted that the Governor
was appointing a special commission for study and recommenda­
tions for legislative action and urged that this commission in­
clude outstanding leaders in the fields of education, business,
and the professions. It called upon the members of the various
Committees for Public Schools and the people in general to
let the Governor and the General Assembly know that the
preservation of the public schools was a primary condition to
any solution of the problem.
FOURTH MEETING
A fourth meeting was held in Richmond on February 7,
1959. The greater part of this meeting was taken up by dis­
cussion of the legal situation concerning public schools and
action to provide for individual and group encouragement to
the Governor and to members of the General Assembly who
were known to be champions of public schools. Letters from
the Governor and from two members of the General Assembly
were read, urging the Virginia Committee for Public Schools
not to relax its efforts.
The Acting Executive Secretary read a proposed letter to

13

�be sent to the teachers of the state asking them to join the
committee and support its efforts to preserve the public schools.
The letter was approved, with the suggestion that a similar
letter be sent to leaders in other groups such as the Association
of American University Women, the League of Women
Voters, the Ministerial Associations, etc. Dr. Buck also ex­
plained steps he had taken to enlist the support of educators in
the colleges of the state.
The Executive Committee approved the suggestion that a
budget for financing state committee activities be prepared and
that all local committees be required to subscribe a share of
the financial aid required for the budget.
ORGANIZATION COMPLETED
At the fifth meeting of the Steering Committee (now
Executive Committee), on February 14, the election of per­
manent officers completed the organization of the Virginia
Committee for Public Schools. The officers elected were:
President-------------Dr. J. L. Blair Buck, of Richmond
Vice Presidents---- Mr. Edmund Campbell, of Arlington
Judge H . G. Cochran, of Norfolk
Col. Francis Pickens Miller,
of Charlottesvills
M r. Knox Turnbull, of Charlottesville
T reasurer------------ Dr. James R. Sydnor, of Richmond
Secretary------------- Mr. Eugene Pickett, of Richmond
M r. William Lightsey of Arlington was appointed full­
time Executive Secretary.
The committee was advised that the Fairfax-Falls Church
Committee for Public Schools had been formally organized on
February 8, at a public meeting attended by over 800.
Dr. Buck reported that a letter had been sent to 64 local
education associations, requesting teachers to become members
of the Committee and to aid in recruiting other members. A
similar letter was sent to college faculties.
The Membership Committee chairman reported that his
committee had met in Front Royal on February 9. The state
was divided into four areas and a member of the committee
was assigned to carry out extensive work in each area. Twentytwo localities were chosen for immediate attention because in­
dividuals in those localities had already evidenced interest
in forming local committees.
14

�Mr. Lightsey, the newly-appointed Executive Secretary,
reviewed plans for helping organize committees in Lynchburg
and Roanoke, for increasing statewide publicity, and for main­
taining close contact with members of the Governor’s special
Commission on Education and with other members of the
General Assembly.
It was agreed that the Committee needed to study the
various legislative proposals that were under consideration by
the Governor’s (Perrow) Commission and decide upon the
position to be taken by the committee. A set of proposals pre­
pared by the legal sub-committee of the Arlington committee
was distributed. It was agreed that these proposals would be
studied in the various local committees and the positions of
the local committees developed and reported at the next
meeting.
With the organization of the Virginia Committees for
Public Schools completed, subsequent meetings of the Execu­
tive Committee were devoted to plans for spreading the local
committee to other areas of the state, and to legislative and
political action during the special session of the General As­
sembly.

Expanding The Movement
One of the most important services of the Virginia Com­
mittee is that of giving advice and assistance in the organization
of local committees.
Membership in the Virginia Committee for Public
Schools is urged for individuals in areas which have no or­
ganized local committee. As membership cards come in to local
committees and “at large” membership cards from unorgan­
ized areas come in to the state office, these members are asked
to send in the names and addresses of acquaintances living in
other parts of. the state who might be interested in membership
in the Virginia Committee for Public Schools.
Letters with enclosed membership cards sent to leaders of
local Parent-Teacher Associations, Virginia Education Associa­
tions, League of Women Voters, AAUW, Ministerial Associa­
tions, and similar organizations are another means of recruit­
ing membership in unorganized areas.
The initial action to organize a local committee in a given
area has not been dictated necessarily by the number of mem­
bership cards on file for individuals in that area. However,
15

�when over 25 membership cards are on file from a particular
unorganized area, efforts are made to organize a local com­
mittee.
Experience has shown that there is no set pattern or pro­
cedure that can be followed by the state organization in render­
ing effective assistance to the organization of local committees.
The several plans that have worked successfully can best be
explained by giving the following examples of local com­
mittees already organized.
STATE COMMITTEE INITIATIVE
(Examples: Lynchburg and Washington County)
The state organization had received a number of membership
cards from the area and had also had expressions of interest
in organizing a local committee from one or more of those
members. Working with one or two members from the area,
a list of all persons in the area who might be interested was
prepared. A letter was sent from the state office to every per­
son on this list, asking him to attend a discussion meeting at a
given time and place. W ith this letter went informational ma­
terial concerning the Committees for Public Schools—the who,
what, and why of these organizations, a list of the Advisory
Board of the Virginia Committee, and a statement of the need
for such organizations.
At this first meeting the President or Executive Secretary
of the Virginia Committee explained the mechanics of or­
ganization of a local committee. Samples of by-laws and other
materials from other local committees were distributed and
discussed. A local leader suggested at the meeting that an
organizing committee be elected by those present and given
authority to draw up proposed by-laws and appoint a nominat­
ing committee for officers for a local committee. From this
point the local organizing committee carried through and ar­
ranged for a formal organizational meeting. After that the
local committee was in business.
LOCAL COMMUNITY INITIATIVE
(Examples: Blacksburg, Newport News, Radford, and
Rockingham County.) Usually one, sometimes several, inter­
ested individuals recognize the need for organizing people who
are concerned about the threat to public schools. They ask for
16

�advice from the state organization and get material and other
help from the leaders of nearby local committees already or­
ganized. In these cases an organizing group is formed at a
meeting of those who have indicated an interest. At a later
meeting, usually open to the public, formal organization is ac­
complished by adoption of by-laws and the election of officers.
INITIATION BY NEIGHBORING COMMITTEES
(Examples: Alexandria, Blacksburg, and Fairfax-Falls
Church.) Leaders in local committees already organized ap­
proach community leaders in a nearby community and offer as­
sistance in organizing a local committee, selling the need for
organizing. The same pattern of setting up an organizing group
and arranging for formal organization is used as when the
state organization provides assistance, except that advice and
assistance is given by the leadership of the nearby local com­
mittee. ( If local committees can be persuaded to devote more
effort to this activity, the effect of their own work is multiplied
and the organization of local committees throughout the state
can be accomplished more quickly and at less expense.)

Legislative Activity
N O T E: Most of the legislative activity described herein centers
around the 1958 special session of the General Assembly, par­
ticularly the crucial 28 days in April when that body was consider­
ing the legislation recommended by the so-called “ Pcrrow Com­
mission.”

The strong voice of the Committees for Public Schools
was heard time and again during the recent special session of
the General Assembly. Through letters and statements at public
hearings by representatives of the Virginia Committees for
Public Schools and local committees from all parts of the state,
and through the thousands of telephone calls, telegrams,
letters and personal contacts from individual members through­
out the state, the Governor and members of the General As­
sembly were made increasingly aware of the fact that the
25,000 members of the Committees for Public Schools were
not willing to sacrifice Virginia’s system of public schools.
It was only after the formation of the Committees for
Public Schools that for the first time in more than three years
the noise of the “massive resisters” was offset by the great
17

�moderate body of citizens who realized the absolute necessity
for providing public education for all.
Differences among members of the General Assembly
divided the House and the Senate almost evenly. Members of
both houses have said that the legislative activity of the Com­
mittees for Public Schools and its members played a vital part
in securing the passage of the Almond-Perrow legislation.
Without the work and interest of the Committees for Public
Schools, Virginia might now be facing the prospect of no state
system of public education.
CHRONOLOGICAL ACCOUNT
Following is a chronological account of the legislative ac­
tivities of representatives of the Virginia Committee for Public
Schools:
February 9
On the basis of action taken at the February 7th meet­
ing of the Executive Board, a letter was sent to Governor
Almond, commending him for the position he had taken on
behalf of public education.
February 16
A letter was sent to each member of the Perrow Commis­
sion offering the support of the Committees for Public Schools
for all constructive proposals of the Commission, and express­
ing concern for the preservation of Sections 129 and 133 of the
State Constitution.
February 27
The Executive Board and the legal committee developed a
statement for presentation at the public hearing before the
Perrow Commission on March 6.
March 6
The President of the Virginia Committee for Public
Schools made a statement at the public hearing before the
Perrow Commission. H e expressed appreciation for the con­
structive manner in which the Commission was approaching its
task. H e asked for maximum local autonomy, enactment of a
compulsory attendance law, adequate safeguards in the disposal
of surplus school facilities, and preservation of a state system
of public education. Similar statements were made by represen­
tatives of local Committees for Public Schools from Alex18

�andria, Arlington, Blacksburg, Charlottesville, Fairfax-Falls
Church, Norfolk, Richmond and Warren County. O f 66 per­
sons making statements at the public hearing, 40 spoke in favor
of the maintenance of the public school system.
April 1
Chairmen of local Committees were advised by telegram
or telephone to withhold for three or four days any statements
of position on the Perrow Commission report. This was done
on advice of friendly legislators and to permit time to study
and analyze the report.
April 4
The Executive Board and the Legal Committee met in
Richmond to develop a statement of position on the Perrow
Commission report.
April 6
A statement on behalf of the Virginia Committee for
Public Schools was delivered to the Governor and laid on the
desks of each member of the General Assembly when it re­
convened at noon. This statement expressed the opinion that
the Commission recommendations constituted the best plan yet
advanced for meeting the problems resulting from the deseg­
regation orders of the Federal Courts. It urged resistance to all
efforts to delete or alter the constitutional guarantees of free
public education. It asked for a strengthening of proposed
legislation relating to disposal of surplus property, compulsory
attendance, and transportation of children attending non-sec­
tarian private schools.
April 13
The President of the Virginia Committee appeared at a
hearing before the House Committee considering the pupil
placement bill. On behalf of the committee he urged approval
of the total program recommended by the Perrow Commission.
April 13
An urgent appeal was sent by telephone and telegram
to the local committees, requesting that letters and telegrams
be sent to the Governor and legislators in opposition to the
Wheatley Resolution. This resolution proposed constitutional
amendments which would remove all requirements for the
maintenance of public schools.
19

�April 14
The Executive Secretary of the Virginia Committee for
Public Schools appeared at a public hearing before the Senate
Committee considering the pupil assignment and compulsory
attendance bills, and asked for approval of these parts of the
Perrow Commission program as the best plan for meeting the
widely varied problems of the State.
April 15
Two memoranda were delivered to the Governor and each
member of the General Assembly transmitting analyses of the
effects of the constitutional amendments proposed in the
Wheatley Resolution. It was interesting to note that in subse­
quent debates on the floors of the House and Senate, members
used many statements from these analyses.
April 16
A telephone appeal was made to a number of the local
committees asking that their members immediately wire, tele­
phone or write certain legislators in their areas. This was done
at the urgent request of friendly legislators.
April 17
A prominent member of the Advisory Board of the Vir­
ginia Committee for Public Schools, made a statement at the
Public Hearing before the House Committee on Privileges
and Elections in opposition to the Wheatley Resolution. Spokes­
men for the following local Committees for Public Schools
also made statements at the hearing: Alexandria, Lynchburg,
Arlington, Norfolk, Rockingham County, Washington County,
Newport News, and Fairfax-Falls Church. Although the Com­
mittee on Privileges and Elections reported the Resolution
favorably, four members reserved the right to vote against it on
the floor. The Resolution was defeated in the House the fol­
lowing Monday by the close vote of 53 to 45. There seems to
be little question but that the strong showing made by the Com­
mittees for Public Schools contributed to the defeat of the
Resolution.
April 28
An original letter was mailed to the Governor, to each
member of the House who voted against the Wheatley Resolu­
tion, and to each of the 20 Senators who stood by the Almond20

�Perrow program, expressing the appreciation of the Virginia
Committee for Public Schools.
Subsequent Activity
Since the close of the special session of the General As­
sembly, which enacted legislation substantially in accord with
the recommendations of the Perrow Commission, the legis­
lative activity of the Committee has been devoted primarily to
explanation of the new legislation to its membership and to
the public.
An even more important responsibility which is being met
by the Committees for Public Schools is in the field of politics.
Local committees were urged to use all possible means to en­
couraging citizens to vote in the July primaries and the general
election in November and to participate in the nominating con­
ventions, to endeavor to insure the election to the General As­
sembly, and to local Boards, of those candidates whose posi­
tions are unequivocally in favor of continued state and local
responsibility for public education.

21

�Tine Committee For Public Schools Looks Ahead
The job ahead for the Committees for Public Schools in
Virginia is clearly set forth in a May 13, 1959 report to local
committees from the President and Executive Secretary of the
Virginia Committee for Public Schools, as follows:
N eed fo r C on tin u in g a nd E x p a n d in g S ta te and Local C om m ittees

By a margin of one vote in the State Senate the Almond-Perrow pro­
gram was enacted into law. A change of four votes in the House would
have gained approval of the Wheatley Resolution with its abortive con­
stitutional amendments. Recent statements by the still strong and vocal
“massive resisters” show that they continue to hope and work for a change
in this line-up — to make it possible to abandon state responsibility for
public schools when the General Assembly meets next January.
Our state and local committees must remain active and grow strong­
er. One of our major and immediate responsibilities is to nullify the efforts
of the extremists in the coming primary and in the general election — and
to insure that those legislators who stood firm on behalf of public education
continue to hear from those of us who share the conviction that, above all,
the State must discharge its responsibility for the education of its children.
T he local committees have another extremely important task. Re­
cently enacted legislation places in the hands of local school boards and lo­
cal governing bodies complete power to determine whether public schools as
we know them will be continued, or will be starved to a hollow, worse-than- .
useless pretense. Our local committees are vitally needed as a rallying point
for those thinking people in the community who recognize the disaster that
must inevitably follow abandonment o f the local public schools. As the trag­
edy in Front Royal indicates, disaster can follow in any community which
fails, before the crisis, to organize a strong group of citizens who realize
the damaging results of closed public schools.
SU G G E ST E D LOCAL CO M M T TEE A C T IV IT IE S
FO R SU M M ER M O N TH S
(a)

P olitic a l A ction

Immediately urge your membership to actively support those candidates
for local and state office whose past records or unequivocal public statements
identify them as supporters of open, unimpaired public schools and contin­
ued State responsibility for public education. Urge their active opposition to
those candidates who are identified as holding opposite views. (See General
Assembly voting record attached.)
(b )

In fo rm in g yo u r m em bersh ip

Consider ways and means of informing your membership of the impor­
tant 1 e g i s l a t i v e activity of the state and local Committees for Public
Schools during the special session of the General Assembly. Thank them for
the individual letters and telegrams they sent the Governor and those legisla­
tors who supported their views. Alert them to the probable need for similar ac­
tivity before and during the next session of the Assembly. Information to
your membership can be accomplished through a written report mailed to all

22

�members, through news media publicity, through open “letters to the editor”
from your chairman sent to local newspapers, through telephone committees,
or combinations of these means.
(c)

In cre a se th e num ber of y o u r m em bers

Have the officers of your committee talk in person with the local leaders
of civic and school groups. Ask to appear at their meetings to explain the work
of our committees and the importance of their growth and expansion. Take
membership cards along and pass them out at these meetings. (It is particu­
larly important that an early personal contact be made with the newly-elec­
ted P-TA presidents.)
(d) P rovide fo r rep re s e n ta tio n a t S ta te C om m ittee E x ecu tiv e B oard
M eetings

The success we have in gaining our objectives will be directly related to
the growth in our state membership and the expansion of local committees in
other communities. This growth and expansion can occur only with careful
planning and direction by a strong state central group. It is important
that each local committee arrange to name a representative who can at­
tend meetings of the State Executive Board. It is expected that this Board
will meet about three times between nowand September 1. Wherever pos­
sible the same representative from each local Committee should attend
all meetings. In this connection, please note that the following paragraphs
5 and 6 point up the need for the Executive Board assuming more respon­
sibility for the administration of State Committee activities.
(e )

A ssist in o rg an iz in g locals in n earby com m unities

With the necessity for reducing the operations of the State office and our
inability to continue a full-time Executive Secretary, extension work can be
continued only if those local committees already organized will accept the re­
sponsibility of encouraging and assisting with the organization of committees
in communities near them. Suggestions as to ways of accomplishing this and
a list of names of persons who have already evidenced interest in other com­
munities will be sent to each local committee in the near future.
( f)

C ontinue financial su p p o rt o f S ta te C om m ittee

The work of the State Committee must be supported almost entirely by
funds received from local committees. There is a great need for each local
committee to strive to send additional funds to the State Committee as quickly
as possible. Even if your accepted assessment has been met, any additional amount that can be spared is needed.

23

�This booklet is available from the address below a t the following
rates, postpaid: single copies, 15c each; 10 copies or more, 10c each;
100 copies or more,

IVic

each.

THE MESSENGER PRESS
BOX 312
MANASSAS, VA.

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                    <text>V irginia C o m m itte e for PnM ie Schools
ROOM 3 , BROAD-GRACE ARCADE

Richmond 19, Virginia
T elephone M I lton 9-0559
A dvisory Board

Mr. Wilson M. Brown
Richmond
Mrs. J. L. Blair Buck
Richmond
Mrs. Margaret Denny Dixon
Richmond
Mrs. Douglas S. Freeman
Richmond
Rabbi Ariel Goldburg, D.D.
Richmond
Mr. Newman Hamblet
Richmond
Most Rev. Joseph H. Hodges, D.D.
Richmond
Rt. Rev. W. H. Marmion, D.D.
Roanoke, Va.
Dr. Peter Mellette
Richmond
Col. Francis Pickens Miller
Charlottesville
Mr. Benjamin Muse
Manassas
Mr. Louis Spilman
Waynesboro
Mr. Beecher E. Stallard
Richmond
Mr. Louis Rader
Waynesboro
Mr. Knox Turnbull
Charlottesville

February 23, 1959
Dear Executive Board Members
A most important meeting of the Executive
Board of the Virginia Committee for Public Schools
has been called for Friday afternoon, February 27,
at 3:00 PM at the M C A , 2 V . Franklin St., Richmond.
/
It seemed urgently necessary to call this
meeting to discuss the legislative position of the
Virginia Committee and the statements that might be
made for the Committee before the Perrow Commission
at the Public Hearing to be held March 6. This
will be explored in detail at the Friday meeting,
Those attending should plan on the meeting con­
I1
tinuing until 9 or 10 P .
The State legal Committee will meet with the
Executive Board. Ur. Ed Campbell, legal committee
chairman, has asked that each community group who
desires to do so, name a legal representative who
can attend the Friday meeting and serve on the
legal committee.

A c tin g E xecutive S e c re ta ry

J. L. Blair Buck
Richmond

In the meantime, all who will attend the Fri­
day meeting are asked to review the legal study
made by Mr. T/arren Cox, legal committee chairman
of the Arlington group. Come prepared to express
your opinions of the suggestions in this report
and bring in other suggestions resulting from your
local studies and discussions. (Those who did not
get copies of the T/arren Cox report Saturday are
being sent copies with this letter.)
The Perrow Commission has named 9 subject
areas in which statements at the Public Hearing
will be considered appropriate. A list of these
is attached. Our discussions Friday will be di­
rected to these subject areas.
One of the most important questions we must
consider is "Y7hat should be the position of our
Committee if a locality desires to abandon its
public schools, thus leaving no means of public
education available in the community?"
l/e believe the local Committees will want to
appear at the Public Hearing. Members of the

S te e rin g C om m ittee: H. W. Tullock, Waynesboro; Mrs. Vernon Weihe, Arlington; Roy Sloop, Newport News; James C. Brewer, Norfolk;
W. B. Shepheard, Norfolk; James R. Sydnor, Richmond; 1. A. Rolston, Charlottesville; John Fitzgerald, Front Royal; J. L. Blair Buck, Richmond.
A f f iu x te d C om m ittees: Alexandria, Arlington, Blacksburg, Charlottesville, Fairfax, Front Royal, Newport News, Norfolk, Richmond.

�-

2-

Coxnmission have -suggested to us that these requests should be
sent in AT ONCE, addressed to "Ur. John B. Boatwright, Jr.,
Secretary, Perrow Commission on Education, State Capitol,
Richmond 19, Virginia. Your request to be heard should give the
name of the person who will speak, his address, occupation and
legal residence, and the name of your local organization. State
how much time you desire, the subject to be covered and include
an outline of any concrete proposals you expect to make. If you
do not have all this information now, it may be wise to send in
an initial request to be heard, stating that the additional in­
formation will be furnished by March 3, but MAKE YOUR REQUEST
NOW if you expect to be heard.
Sincerely,

William I . Lightsey
I
Executive Secretary
Virginia Committee for
Public Schools
WML/ssh

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                    <text>SUBJECT AREAS THAT :iAT BE DISCUSSED
AT riARCii 6 PUBLIC HEARING

1. Enrollment and transfer of pupils. This would cover the existing
Virginia Pupil Placement Act and any alternative plans for handling the
assignment or placing of children in the schools.
2. Local budgets and appropriations for public schools or other educa­
tional activities.
3. Teacher status, pupil attendance (whether compulsory or not), pupil
activities and transportation.
4. Disposal of surplus school property.
school facilities closed or abandoned.

This would include any public

5. Pupil preference plans. This would involve the three-phase systan,
in which pupils might have a choice whether to attend an integrated
school, an all-Negro school or an all-white school.
6. Grants-in-aid and aid to education generally. Involved here is a
review of present tuition grant laws designed to help educate children
in private non-sectarian schools.
7. Repeal of laws. This contemplates a review of whether anti­
integration laws invalidated or outdated b y court decisions should be
repealed.
8. Tax problems and possible tax adjustments. This could be one of
the commission's most complicated areas of study. It could involve a
complete overhaul of the present state tax structure, with the adop­
tion of a general sales tax to help finance public school operations
and tuition grants. Also, whether local tax changes might be made
and whether tax exemptions or credits should be allowed for contribu­
tions or tuition payments to private schools.

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                  <text>RG 19, The Personal Papers of Elizabeth Pfohl Campbell</text>
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                  <text>This collection consists of the personal papers of Elizabeth Pfohl Campbell, and  covers the period from 1945 through 1991, with the bulk of the material falling between 1947 and 1959.   The materials in this collection were generated or collected as a result of Mrs. Campbell's involvement in the Arlington County School Board, as well as her interests and  activities in education and local politics. &#13;
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                <text>Listing of "Subject Areas that May be Discussed at March 6 Public Hearing", no date.</text>
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                <text>8 Subjects listed.</text>
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                <text>RG 19, The Personal Papers of Elizabeth Pfohl Campbell</text>
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                <text>Virginia Committee for Public Schools</text>
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                <text>1950s</text>
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                <text>This image is subject to copyright. nauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited.</text>
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