1 20 1839 https://projectdaps.org/files/original/762840b0d00ef1fcfcc73a853711b3e2.pdf 081813de723f6f211fe78f727bc0bd77 PDF Text Text N. A. A. CP L ega l .. D e f e n s e a n d E d u c a t io n a l Fund, inc. 10 Columbus Circle, New York 19, N. Y. JUd s o n 6-8397 April 15, 1958 Mrs. Barbara S. Marx 6897 North Washington Blvd. Arlington, Virginia Dear Mrs. Marx: Enclosed please find copy of decision in two consolidated cases which was rendered by a special three-judge federal court in Virginia on January 21, 1958. This is the case filed last year in the United States District Court in Richmond, Virginia in which the N.A.A.C.P. and this organization filed separate suits challenging five statutes passed by the General Assembly of Virginia which would make illegal practi cally all of our work in that state. A three judge court was convened and hearings were completed in October of last year. While the opinion and the dissenting opinion are both of considerable length, X thought you would be interested in reading them. We have a few additional copies. extra copies please let us know. If you need With all best wishes. Sine erely C o n t r ib u t io n s a r e d e d u c t i b l e f o r V . S. I n c o m e Tax P u rposes �X a t i o n a l O f fic e r s .... P r e s i d e n t .X a tion a l O f fic e r s ■ DR. A L L A N K N IG H T C H A L M E R S E ir e P r e sid en t H ON . F R A N C IS E. R IV E R S E x e c u t iv e O f fic e r S ecreta ry MRS. C A T H E R IN E H U G H E S W A D D E L L T H U R G O O D M A R SH A L L D ir t a o r C oan tel T reasu rer MRS. L O IS C O W L E S B o a r d o f D ir e c to r s J O S E P H D A V IS N ow York. N. Y. [>R. W IL L A R D W. A L L E N Baltim ore. Md. . S H A D P O L IE R N ew York. N. Y. HON. H O M E R BROW N P ittsburgh. Pn. DR. H A R R Y E M E R S O N F O S D IC K B ronx ville, N. Y. B IS H O P F R A N K M A D ISO N R E ID K ittrell, N. Car. CH A R LES BUCHANAN N ew York. N. Y. A M OS T. H A L L Tulsa. Okla. HON. F R A N C IS E. R IV E R S N ew York. N. Y. DR. G E O R G E C A N N O N N ew York. N. Y. HON. W IL L IA M H. H A S T IE Philadelphia, Pn. DR. C H A R L E S H. T H O M P S O N W ash ington. D. C. DR. A L L A N K N IG H T C H A L M E R S Boston, Mass. H A N S W. H U B E R . Red Bank. N. J. MRS. C A T H E R IN E H U G H E S W A D D K I.L N ew York, N. Y. W IL L IA M T. CO L EM A N . JR. Philadelphia. Pa. MRS. P H IL IP C. J E S S U P N ew York. N. Y. M ISS R U T H W E IN B E R G N ew York. N. Y. MRS. L O IS C O W L E S N ew York. N. Y. BE N JA M IN K A P L A N N ew H aven, Conn. C H A R L E S S. Z IM M E R M A N N ew York. N. Y. H A RTL EY CRU M N ew York, N. Y. REV. P A U L M OO RE. JR. Indianapolis, Ind. COMMITTEE OF 100” R o g e r N. Baldw in A lbert E. B a rn ett R obbins W. Bnrstow S arah G ibson Blandinjr J u stice Jun e M. Bolin Van W yck B rooks Fred L. B row n lee R alph J. Bunche C h arles Bunn Mrs. Sajnuol M cC rae Cov ert A llan K n igh t C h alm ers B ernard C. Clausen R ufus E. C lem en t F anny T ra v is C och ran J am es Brynn t C ona nt A lbert S prn gu e C o o lid g e G e o rge S. Counts H enry H itt C rane A lbert E dw a rd D ay A lbert C. D leffenbach On xton D o g g e t t R alph E llison M orris L. Ernst H. W illia m Fitelson H arry E m erson Fosdick Hue)] G. G a lla gh er H arry D. Gldeonse Mary B a rn ett G ilson R olan d B. Gittelsohn . F rank P. Graham M orton S. G rossm an Joseph F. Guffey _ John G unther ‘ erm an H a ilp crin 'H O sca r H um m erstcin 11 S. R alph H arlo w H orn cll H art J am es G. H eller H arrison H ires B ish op H e n ry W. H obson Joh n H a yn es H olm es S id n ey H ook . G e o rge K. H un ton Mrs. R nym ond V. In ge rsoll Mrs. H en ry A. In grah am Ruth E llin gto n J am es M ordccni W. Joh n son H o ra ce M. K nllen K ivie K aplan F ran k K ln gdon Freda K irch w ey John H ow la n d L athrop B ish op W. A pp leton L aw ren ce H enry S m ith I.eipcr Mnx L ern cr A lfred B aker I^Arl* A rchibald M acL eish L eopold M annes B en jam in E. M ays R ob ert J. M cC racken Karl M enn inger Paul M oore. Jr. C arl M urphy RctnhoM N iebuhr Bishop G. B rom ley Oxnara G e o rge L. P a in e B ish op E dw a rd L. P arso n s P alfrey P erkin s Ir v in g Pflaum J am es A. P ik e A. P h ilip R andolph FVcderick E. R eis Mg John I>. S alton stall, Jr. Guy E m ery S h ip ler G e o rge N. Sh u ster Mrs. H a rp e r S ib ley L illian S m ith A rth ur B. S p in g a rn T e lfo rd T a y lor N orm an Th om as C h an n in g H. T obias C h arles J. T u rek W illiam H. V an derbilt Mrs. C h au n ecy L. W addell B runo W alter Ju stice J a m es H. W olfe B radford Y o u n g The " o m t e o 10 ” 3 v l n a y c o e a i e c o p o i d v d a s h a e by D . A l n C m i t e f 0, outr oprtv r u f niiul e d d r la K i h C a m r h s s o s r d t e a p a o t e N A A C P L g l D f n e and E u a i n l n g t h l e s a pnoe h pel f h ..... ea e e s dctoa K n . Ic s n e 1 4 , a d h s c l e f r p b i s b c i t o o $ 5 , 0 d r n 1 3 t e a l u d n. i c 9 3 n a a l d o u l c u s r p i n f 1 0 0 0 u i g 9 8 o n b e t e Fund t p t i t o e a i n a p o r m d s g e t make d s g e a i n a raiy t r u h u h o u no p r t o r g a eind o eergto elt h o g o t t e U i e Sae. h n t d tts 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter From Thurgood Marshall To Barbara Marx, April 15, 1958 Description An account of the resource Letter from NAACP Legal Defense and Educational Fund Director-Counsel Thurgood Marshall to Barbara Marx which accompanied the opinion and dissenting opinion of 2 consolidated cases held in United States District Court in Richmond, VA. Dated April 15, 1958. Front and reverse (which includes officers, Board of Directors, Committee Of 100 members). Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource NAACP Legal Defense and Educational Fund, Thurgood Marshall Date A point or period of time associated with an event in the lifecycle of the resource 1958-04-15 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_4_45 https://projectdaps.org/files/original/ecb1e68e3971d0b47d65ec8a8aa36450.pdf 0a9cfe0181aae2fcd7555c409c3dd57e PDF Text Text EXECU TIVE O FFIC ER S VI CE P R E S I D E N T DR. P HI L I P WYATT F R E D E R I C K S B U R G . VA. TREASURER DAVID E. LD N BLEY R I C H M O N D , VA. YOUTH CO U N CILS AND COLLEGE CHAPTERS S E N I O R A D VI S ER H. A. MARSHALL N ORF OL K, VA. LEGAL VIRGINIA STATE CONFERENCE National Association for the Advancement eople f PRES IDENT L I NW OO D P A R S O N VI RGI NI A STATE C O L L E G E P E T E R S B U R G , VA. BOARD OF \ ■ IVE SECRETARY 1 S T ER B A N K S DIRECTORS DR. J. M. TI NS LEY R I CH M O ND , VA. DR. B. F. C D P PAGE NORF OL K, VA. C. C L AYBOU RN E B U S H CO V IN G TO N , VA. J. S. CA R RI N GT ON S O U T H B O S T O N , VA. MRS. NORVLEATE DOWNI NG N EWP OR T NEWS, VA. J A M E S A. DUVALL P E T E R S B U R G , VA. CH AR LEB D. FOWLER, JR. CHARLOTTESVILLE, VA. DR. J. B. H E N D E R S O N NORFOLK, VA. REV. W. J . H O D G E L YNCHBURG, VA. MR S. BARBARA S . MARX A RL IN GTON , VA. MR S. JULI A E. TUCKER E MPORI A, VA. MRS. BURNETTA B. WEST CUMBERLAND, VA. MRS. BADI E D. WYCHE IVOR, VA. STAFF □4'i N O R T H S E C O N D S* R IC H M O N D , V IRGIN IA DIAL 7 -5 G 7 B in -April Atty. Thurgood Marshall Director-Counsel NA'ACP Legal ana Defense Fund lOyflfelumbus C i ' ^ j ,N.Y /w *X • * Dear:'Hr.' Marshall: \ v / / V t — s ^ V ^ Thanks for sending ^e £Ke co. y of the decision of January 21st. - tj — Judge Soper seems to have done his home work very conscientiously and gives a fine sales talk fur the NAACP. I am sending you Xsta copies oftwo letters to Mr. Hill on the Arlington chool situation. I feel that it is very important that if the Arlington Sch -ole are de-oegregated in oeptember we have a sizable group of Negro children entering white schools,-not just three or four. Iwould appreciate having your reaction on this matter. Sincerely yours, Barbara G .Marx 6H97 N. Washington Dlvd. Arlington, Va. SU PPORT THE FREEDOM FUND � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter From Barbara Marx To Thurgood Marshall, April 18, 1958 Description An account of the resource Letter from Barbara Marx to NAACP Legal Defense and Educational Fund Director-Counsel Thurgood Marshall which accompanied copies of 2 letters sent to Oliver Hill, dealing with court decisions regarding desegregation and the implications for Arlington County Public Schools. Dated April 18, 1958. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource NAACP, Barbara Marx Date A point or period of time associated with an event in the lifecycle of the resource 4/18/58 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_4_50 https://projectdaps.org/files/original/7851b915118c5761319239d3baf51db4.pdf bca84d7c5df534354c851eb307ae86db PDF Text Text VIRGINIA STATE CONFERENCE National Association for the Advancement of Colored People DR . E. B. HENDERSON EXECUTIVE S E CR ETA RY W. L E S T E R B A N K S R I C H M ON D , VA. 4 D 4 g N D R T H S E C O N D ST. RICHM ON D, VIRGINIA DIAL 7 - S 6 7 S April 13,1953. n Atuy. Oliver Hill 113 E. u«i,-.h t . Richmond, Va. bear .r. Hill: As yet I have not had a reply to my latter of i !th. „hile I realize that you and Mr. Roblr.soh are very bu. y there are some queal s to which we neei 1 ite anw er. Pupil assignment fcrnis are now being handed out to parents of children who will enter the first oer. race next eptem- ho id we discourage Ne yro parents from 3i;nin.; the e forms? In a few weoks forms will also be going home to parents of children entering the seventh snd ninth grades next .eptember. *ith ref erence to para ,raph focr of my lette of arch 12th, the seven Negro children ordered admitted to white schools are goin to be reduced by novoral because tlic Johnson ,irl is raduating^ the Nelson ooy moving to D.C. and one or two others -My net attempt to enter the white school. 1 sm very eager to recruit more Negro children to ap,,ly at white schools and would like to be sure this meets with your approval. I feel that the morale of the Negro plaintiffs In our school suit is not very good and that we need a cltu sr relationship with our a ttorney. It would be most elpful if you could arran ;u for a c nference such sa 1 suggested in my letter of March 12th. olncerely yours, liarbora . arx � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter From Barbara Marx To Oliver Hill, April 18, 1958 Description An account of the resource Letter from Barbara Marx to NAACP Legal Staff Chairman Oliver Hill dealing with pupil assignment in Arlington County Public Schools. Dated April 18, 1958. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource NAACP, Barbara Marx Date A point or period of time associated with an event in the lifecycle of the resource 4/18/58 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_4_51 https://projectdaps.org/files/original/43f99d4a28b8fa99aaf98e7f7aebbed0.pdf 8fb8a498f89d3f7db2703b374772b206 PDF Text Text March 12, .1^5^ Atty, liver hill 11S . -.1 , h t . „ hiahnio *o, Va. Bear r . till: A; 1 Mentioned tv you briefly r« cently 1 thi A it is ueeiri , >bX - tiffs i» w'. Arlington suit. !-« '.he a u th cria a ti. u« ware & ,:ne« xr. the f a i l £ l o 5 b, the p l a i n t i f f s acid wo huv.. never hsii a naetin.. t o diaou. w.th t u; attorney!. the prci,,reas i tne s u it , i t s financir. ,,etc. uch a con feren ce would iapror# morale ami anater a l o t ■ quo •tioiia. > £ ( in th« toot of t:t) se ,re .abed seatin law Attorney -arli.-icr hold t w . c i.feretctB with trtu seven perwona .fho worn arrested.:* These were rjjt constructive. j , .. .. t :r ciii^o< ren .tiitv chotla t is o . itsuh.ur bacouse It will ruaiut in cloa: in ; all eehoole, JthorojKa^axa spnaay Ke-upun..;. .uof all , axhsclv .a niacu. tea ihoro . , ,« co . unity presaur# upon .. m thorn to this of foot* ;t m y be desirable t j show then t<.at the . .C C v Mt; l O . t* C o - - v i O i • . . ..' i i >r i . ' V i , X tho seven . . . iito schools, one is graduating 1 . Juno, ur odu< : shsirmn and j aid .i u tv kaaw whathei yoa a i. v « . . oore Ma^ro children apply* la tho whit# schools, l£ •< a a d it be pri.fv rob). * t: t . so j i a i selective Ijssas, that is , y efclldraa w th goad .jrm u s , ;.r would it » be vi e to have the chlldrr.of the entire sixth rei.u of thii ban .ton school apply t o whiteJunior high schools, ho -Id applications bo wade by uy*paa»ln>' the pupll-placeaent f o r m as six of the children clu last fa!17 Mrs* luitii Huaaoy wants to anew live nearer to white schools in Aiexo apply* tv thoco ochovia'. any poop.a Opii ion Is ouch in northern Vir* inla ci.toils should be nuha hare. whether .e ru children who tiria and l ; irfsx -ou .ty should -uliave that tho o. i-.rte of that '.rente: . - .c ;nti . n . . iX’ you do plan for such a conference let us htve nt lecst ten day's notice. ihcersly you j Barbara ., . .iarx l>>}?7 <1 ■athi). t o n . nrlii.( ,lun , Va. f. . ivd. M ; /. v i i it ,rcti tith, a parent of two •r ,t uoyal children who are attend lit# tho rb-m..*as . ch,»ol atenti not that they hoc not yet had a conference with you but opeu to ue no H vo y u heart from � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter From Barbara Marx To Oliver Hill, March 12, 1958 Description An account of the resource Letter from Barbara Marx to NAACP Legal Staff Chairman Oliver Hill dealing with the ramifications of the desegregation of Arlington County Public Schools. Dated March 12, 1958. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource NAACP, Barbara Marx Date A point or period of time associated with an event in the lifecycle of the resource 3/12/58 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_4_52 https://projectdaps.org/files/original/94a5ae7538827173c499b3bf4ab8912b.pdf 70c46ab9d049563e3dd2c9364847285f PDF Text Text VIRGINIA STATE CONFERENCE National Association for the Advancement of Colored People DR. PR ESIDENT E. B. H E N D E R S O N EXECUTIVE S E CR ET AR Y W. L E S T E R B A N K S ^'X X f^ufeX cH 'Q fCstO U M C X X RICHMOND, va. 4 D 4 & N O R T H S E C O N D ST. R IC H M O N D , V IRGIN IA DIAL 7 - 5 6 7 8 April 13,ly&o. Atty. d iver :ill t- Richmond, ft, user r. Hill: As yet I have not, had a reply to my letter o ' x March 12t; . bile I realize t at you and Mr. i.obinson are very bu. y there arc none questions to which «e need iratiauiata ana. er. Pupil assignment forts ere now bairn; hsndou out to psrente of children who will enter the first her. race next epteo­ t h. lo vc clscour.. ,c He re parents f o r tijnlng these forme? rr. In a few weeks forms will also be ioin,; twoc to parents of children enteric the seventh snd ninth grades next September. With reference to paragraph four of ay letter of 12th, the seven He/fro children orders arch admitted to white schools are jolhi to be reuuced by several because the Johnson 0irl is raouatinjyp the Kelson toy movin;; to b.C. and one or two others may not attempt to enter the .hito school. I am very « er to recruit mors Kej.ro children to apply at white schools and would liico to be sure this moots with your approval■ I feel that the morale of the Ke.;ro pin stiffs in our school suit i s not very ^ood and that wo need a closer ru-atlonship with our attorney. It would he nost elpful if you could arran , u for a c nferanoe suo!i as J suggested in my letter of Kerch 12th. incvrely y.uia, Barbara . arx � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter From Barbara Marx To Oliver Hill, April 18, 1958 Description An account of the resource Letter from Barbara Marx to NAACP Legal Staff Chairman Oliver Hill dealing with pupil assignment in Arlington County Public Schools. Dated April 18, 1958. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource NAACP, Barbara Marx Date A point or period of time associated with an event in the lifecycle of the resource 4/18/58 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_4_53 https://projectdaps.org/files/original/99319c977288a59c02e2cbedc1db11ff.pdf 2f9f6fe0ccb99f8666b30dd95b29336d PDF Text Text BRIEF FOR APPELLANTS AND CROSS-APPELLEES IN TH E United States Court oi Appeals F o r t h e F o u r t h C ir c u it No. 7776 E. LE SL IE HAMM, JR., a n I n f a n t , b y E. LESLIE IIAMM, SR,, His F a t h e r a n d N e x t F r i e n d , e t a l ., Appellants, v. COUNTY SCHOOL BOARD OF ARLINGTON COUNTY, VIRGINIA a n d RAY E. REID, D i v i s i o n S u p e r i n t e n d e n t of S c h o o l s , A r l in g t o n C o u n t y , V ir g in ia , Appellees. and COUNTY SCHOOL BOARD OF ARLINGTON COUNTY, VIRGINIA a n d RAY E. REID, D i v i s i o n S u p e r i n t e n d e n t of S c h o o l s , A r l in g t o n C o u n t y , V ir g in ia , x x Cross-A ppella nts, RONALD DESKINS, MICHAEL GERARD JONES, LANCE DW IGHT NEWMAN a n d GLORIA DELORES THOMPSON, Cross-Appellees. A p p ea l and C ross-A pp ea l fro m th e U n ited S tates D istrict C ou rt F o r the E a stern D istrict o f V irginia, A lex a n d ria D iv isio n O f Counsel: R o b e r t L. C a r t e r New York, N. Y. J a m e s M. N a b r it , J r . Houston, Texas H e r b e r t O. R e id Washington, D. C. J a m e s A. W a s h i n g t o n , J r . Washington, D. C. O l iv e r W. H il l 118 E a st L eigh Street Richm ond 19, V irginia F r a n k D. R e e v e s , and J a m e s M. N a b r it , I I I 473 F lorida Avenue, N. W. W ashington 1, D. C. S. W. Ro b i n s o n , I I I 623 N orth Third Street Richmond 19, V irginia O t t o L. T u c k e r 901 P rin cess Street Alexandria, V irginia Counsel for Appellants and Cross-Appellees. P r e s s o f B v r o w S. A d a m s , W a s h i n g t o n . D . C. �INDEX Statement of the Case Page . 1 Questions Presented .................................. 3 Statement of the Pacts: I. Prior Proceedings................................ II. Statement of Pacts on the Instant A ppeal..... III. Historical Background .......................... 4 7 1 4 Argument: I. The manner in which appellees acted upon ap pellants applications for admission to “ white” schools is racial discrimination in contravention of appellants constitutionally guaranteed rights to due process and equal protection of the laws .. II. The court below erroneously considered appellees ’ rejection of appellants applications for admission, enrollment and education in designated “ white” schools as ‘‘administrative determinations ” to be reviewed pursuant to the “ substantial evidence” doctrine and, having thus limited its scope of in quiry, failed to discharge its obligation to make an independent evaluation and determination of the facts decisive of appellants’ constitutional claim that their exclusion from said schools was because of race or co lo r ........................ III. Review and consideration of the Available and pertinent evidence compels the conclusion that the reasons advanced by appellees for their rejection of appellants’ applications for admission, enroll ment and education in “ white” schools were based upon considerations of race or color in con travention of appellants’constitutionally guaran teed rights of due process and equal protection and in violation of the prior orders of the court .. Response to appellee’ cross-appeal............. s 1 8 2 8 33 39 �Index Continued Page IV. The court’ previous judgment, affirmed on ap s peal, that five appellants were qualified for and could not be refused admission to designated “ white” schools, may not he nullified, in subse quent proceedings for its enforcement, on the ground of appellants’ alleged disqualification for reasons available to hut not urged by appellees in the prior proceedings........................ 41 V. The court below erred in postponing until the second semester of the school session of 1 58 9 9 -5 , the effective date of its order restraining and en joining appellees from refusing to admit four of appellants in the “ white” school from which they had been improperly excluded ................. 45 Conclusion ............................................ 5 0 TABLE OP CITATIONS Ca ses : Aaron v. Cooper, F.2d , (8th Cir. No. 1 09 , 6 4 10 November 1958) ............................. 26,35 Adkins v. School Board of the City of Newport News, 1 P. Supp. 430 (E.D.Va. 1957), aff’ 246 F.2d 48 d 325 (4th Cir. 1 957) ............................... 1 5 Baltimore & Ohio RR Co. v. United States, 298 U.S. 349 (1936) ........................................ 3 2 Baltimore S.S. Co. v. Phillips, 274 U.S. 316 (1927) 42 Bolling v. Sharpe, 347 U.S. 497 (1954) ............. 24 Brown v. Board of Education, 347 U.S. 483 (1954); 349 U.S. 294 (1955) .......................24,34,47,49 Buchanan v. Warley, 245 U.S. 60 (1917) .........24,26 Carter v. School Board of Arlington County, 182 P. 2d 531 (4th Cir. 1950) ........................... 3 9 Cassell V. Texas, 339 U.S. 282 (1950)............... 26 Child Labor Tax Case, 2 U.S. 20 (1922) ........ 2 59 1 City and Town of Beloit v. Morgan, 74 U.S. (7 Wall.) 619 (1869)........................................ ' 42 Clemmons v. Board of Education of Hillsboro, Ohio, 228 P. 2d 853 (6th Cir. 1956), c r de . 350 U.S. et n 1006 (1956) .................................. 35,49,50 Chicot County Drainage Dist. v. Baxter State Bank 308 U.S. 371 (1940) ............................. 43 C. I. R. v. Sunnen, 333 U.S. 591 (1948) .......... 43 Index Continued Page Cooper v. Aaron, 358 U.S. 1 (1958) ... .24, 3 , 45, 4 , 49 4 8 Cromwell v. Sac County, 94 U.S. 351 (1877) ...... 42 Davis v. Schnell, 81 P. Supp. 872 (S.D. Ala., S.D. 1949) .............................................. 2 1 Dowell v. Applegate, 152 U.S. 327 (1894) ........... 42 Ex Parte Endo.' 323 U.S. 283 (1944) ............. 24,38 Peiner v. New York, 340 U.S. 315 (1951) ........... 33 Gould V Evansville & C. R. Co., 91 U.S. 526 (1876) 43 . Grubb v. Public Utilities Commission of Ohio, 281 U.S. 470 (1930) .................................. 43 Hill v. Texas, 316 U.S. 400 (1942) .................. 2 6 Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945) 3 2 Hopkins v. Lee. 19 U.S. (6 Wheat.) 109 (1821) .... 43 Korematsu v. United States, 323 U.S. 214 (1944) .. 23 Lane v. Wilson, 307 U.S. 268 (1939)................2 , 25 3 Maggio v. Zeitz, 333 U.S. 56 (1948) ............... 43 Marsh v. Alabama, 326 U.S. 501 (1946) ........... 32 McCullough v. Virginia, 172 U.S. 102 (1898) ...... 44 McKissick v. Carmichael, 187 F. 2d 948 (4th Cir. 1951), c r . d n 341 U.S. 951 (1951) .......... 38,49 et e . McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950) ........................................ 24,44,47 Meyer v. Nebraska, 262 U.S. 390 (1923) ........... 38 Morgan v. United States, 304 U.S. 1 (1938) ...... 30 NAACP v. Patty, 159 P. Supp. 503 (E.D.Va. 1958) 1 5 National Labor Relations Board v. Babcock & Wilcox Co., 351 U.S. 105 (1956) ......................... 39 Ng Fung Ho v. White, 259 U.S. 276 (1922) ........ 32 Niemotko v. Maryland, 340 U.S. 268 (1951) ...... 33 Nixon v. Herndon, 273 U.S. 536 (1927) .......... 24 Norris v. Alabama, 294 U.S. 587 (1935) ........... 32 Ohio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287 (1920) .................................. 32 Oriel v. Russell, 278 U.S. 358 (1929)............... 43 Perry v. Cyphers, 186 P. 2d 608 (5th Cir. 1951) .... 26 Pierce v. Society of Sisters, 268 U.S. 510 (1925) .... 38 Pierre v. Louisiana, 306U.S. 354 (1939) ........ 33,49 Radio Corp. of America v. United States, 341 U.S. 412 (1951) ........................................ 3 9 Rice v. Elmore, 165 F. 2d 387 (4th Cir. 1947), c r . et de . 333 U.S. 875 (1948) ......................... 26 n Secretary of Agriculture v. Central Roig Refining Co., 338 U.S. 604(1950) .......................... 39 Shelley v. Kraemer, 334 U.S. 1 (1948)............. 25,45 �Index Continued IV Page Sibbald v. United States, 37 U.S. (12 Pet.) 488 (1838) 42 Sipuel v. Board of Regents, 332 U.S. 631 (1948) . .24,47 Skinner v. Oklahoma, 316 U.S. 535 (1942) ........ 24 Smith v. Allwright, 321 U.S. 649 (1944) .......... 2 6 Smith v. Cahoon, 28 U.S. 55 (1931) ............. 2 3 3 3 Smith v. Texas, 311 U.S. 1 (1940) ............... 2 28 6 Southern Garment Mfr’ Ass’ v. Fleming, 122 F. s. n 2d 622 (D.C. Cir. 1941) ........................ 3 0 Sparrow v. Strong, 7 U.S. (3 Wall.) 97 (1866) .... 2 0 1 Steele v. Louisville & Nashville R.R. Co., 323 U.S. 192 (1944) ....................................... 2 3 St. Joseph Stock Yards Co. v. United States, 298 U.S. 38 (1936) ................................... 3 2 Sweatt v. Painter, 339 U.S. 62 (1950) ...........24,47 9 Terry v. Adams, 345 U.S. 461 (1953) ............. 2 6 The Haytian .Republic, 1 U.S. 1 (1894) ........ 4 54 18 2 Thompson v. School Board of Arlington County, 1 4 4 F. Supp. 239 (E.D.Va. 1956), a fd 240 F. 2d 5 f ’, 9 (4th Cir. 1956), c r . d n 353 U.S. 910 (1957); et e . 1 F. Supp. 567 (E.D.Va. 1957), af ’, 252 F. 2d 59 fd 929 (4th Cir. 1958), c r . d n 356 U.S. 958 et e . (1958) ........................................ 2,5,6,25 United States v. Munsingwear, Inc., 340 U.S. 36 (1950) ............................................ 4 3 United States v. Peters, 9 U.S. (5 Cranch) 11 5 (1809) ............................................ 44 Washington Bridge Co. v. Stewart, 44 U.S. (3 How.) 413 (1845) ....................................... 42 Watts v. Indiana, 3 U.S. 49(1949) ............... 21,32 38 Yick Wo v. Hopkins, 11 U.S. 356 (1886) . .24, 3 , 36,37 8 4 S o u t h e r n Vol. Vol. Vol. Vol. S c h oo l N e w s ; 2 No. 8, Feb. 1 5 , p. 14.... , 96 .1 5 2 No. 9 March 1 , , 956, p. 14 . ................. 1 6 2 No. 1 , April 1 5 , p. 1 .... , 0 96 3 1 7 2 No. 1 , June1 5 , p. 1 ....... , 2 96 3 1 8 IN TH E United Stales Court ol Appeals F o r t h e F o u r t h C ir c u it No. 7776 E. LESLIE IIAMM, JR., His F a t h e r an I n f a n t , b y E. L E SL IE HAMM, SR., N e x t F r i e n d , e t a l ., and Aplat, pelns COUNTY SCHOOL BOARD OF ARLINGTON COUNTY, VIRGINIA a n d RAY E. REID, D i v i s i o n S u p e r i n t e n d e n t of S c h o o l s , A r l in g t o n C o u n t y , V ir g in ia , Aples pele. and COUNTY SCHOOL BOARD OF ARLINGTON COUNTY, VIRGINIA a n d RAY E. REID, D i v i s i o n S u p e r i n t e n d e n t of S c h o o l s , A r l in g t o n C o u n t y , V ir g in ia , v. CosAplat, rs-pelns RONALD DESKINS, M ICHAEL GERARD JONES, LANCE DW IGHT NEWMAN a n d GLORIA DELORES THOMPSON, CosAples rs-pele. BRIEF FOR APPELLANTS AND CROSS-APPELLEES A p p ea l and C ross-A pp ea l fr o m th e U n ited S ta tes D istrict C o u rt F o r the E a stern D istrict o f V irginia, A lex a n d ria D iv isio n STA TEM EN T O F TH E C A SE On 3 July 1956 the court below entered an Order of 1 Injunction restraining and enjoining appellees from refus ing on account of race or color to admit, enroll and educate in any school under their operation, control, direction or supervision (i.e. the public schools of Arlington County, Virginia) any child otherwise qualified. A Supplemental �2 3 Decree of Injunction entered by the court below on 14 September 1 957, restrained and enjoined appellees from refusing to admit, enroll and educate these seven children in the schools to which they had applied, effective 23 Sep tember 19 . Both of these prior judgments were affirmed 57 on previous appeals to this Court, and petitions for writs of certiorari were denied. Q U E S T IO N S P R E S E N T E D The instant and third appeal in this case is from the Supplementary Order of Injunction entered by the court below on 22 September 19 , upon appellants’ complaint 58 in intervention and motion for further relief under the prior orders, in which the court (i) approved, as being based upon valid evidence of disqualification and untainted by considerations of race or color, appellees’ rejection of the applications by twenty-five appellants, including five of the seven previously ordered admitted, for admission to designated “ white” schools; and (ii) delayed until the commencement of the second semester of the current school term, the effective date of its decree insofar as it restrained and enjoined appellees from refusing to admit, enroll and educate four of the appellants in the “ white” Stratford Junior High School, the rejection of whose applications by appellees the court found unjustified by the evidence. The appellees have filed a cross-appeal from the order of the court below restraining and enjoining them from refusing to admit the four appellants in Stratford Junior High School, and a separate brief in connection with that cross-appeal. In lieu of a separate responsive brief, a designated portion of this brief, i f a is addressed to nr, the issues presented by the cross-appeal. The previous decisions in the instant case have been reported sub nom., Thompson v. School Board of Arlington County as follows: 144 F. Supp. 239 (B.D. Va. 1956), a fd 240 F. 2d 5 (4th Cir. 1956), c r . d n 353 U.S. 910 f ’, 9 et e . (1957); 1 9 F. Supp. 567 (B.D. Va. 1957), a fd 252 F. 2d 5 f ’, 929 (4th Cir. 1958), c r , d n , 356 U.S. 958 (1958). The et e . opinion of the court below is reported at 166 F. Supp. 52 9 and included in the Joint Appendix herein at pp. 1 -2 . 1 4 The questions presented on this appeal are as follows: 1 Whether appellees’ action in refusing to admit, enroll . and educate appellants in the “ white” schools to which they applied, on the basis of appellees ’ ex parte determina tion, that appellants were not qualified for admission, en rollment and education in said schools by the application of standards not similarly applied to white pupils admitted, enrolled and educated in the same schools, contravened appellants’ rights to due process and equal protection of the laws under the Fourteenth Amendment. 2 Whether the court below erred in failing and refusing . to exercise its independent judgment on those issues of fact which were decisive of appellants ’claim that appellees refused, on account of race or color and in contravention of appellants’ constitutional rights, to admit, enroll and educate appellants in the “ white” schools for which they applied. 3 Whether the court below erred in failing and refusing . to hold, upon the available and pertinent evidence, that the reasons advanced by appellees for their rejection of appel lants’ applications for admission, enrollment and education in the schools to which they had applied were based upon considerations of race or color in contravention of appel lants’ constitutionally guaranteed rights of due process and equal protection and in violation of the prior orders of the court. 4 Whether five appellants, previously found by the . court to be qualified and ordered admitted and enrolled in designated “ white” schools, can now be refused admis sion and enrollment in said schools, after appeal and affirmance of the court’ order, on the basis of their alleged s disqualification for reasons available to but not urged by appellees until said appellants sought enforcement of the prior order in the proceedings below. 5 Whether the court below erred in postponing, until . the commencement of the second semester of the 1958-1959 �5 4 school term (2 February 1959), the effective date of its order, entered (2 September 1958) two weeks after the 2 beginning of the first semester (8 September 1958), re straining and enjoining appellees from refusing to admit, enroll and educate four appellants in the “ white” schools from which they unlawfully had been excluded. These questions are raised in the record by the court’ s Supplementary Order of Injunction entered 22 September 1958 (JA 224), based upon its Findings of Fact and Con clusions of Law entered 17 September 1958 (JA 11-24), denying the relief sought in the Motion for Further Relief, filed 26 August 1958 (JA 1 ) in behalf of eight of the -5 present appellants then parties to the suit (A, B, C, D, E, 1 1 , and 22),1 and the Complaint in Intervention, filed , 3 26 August 1958 in behalf of twenty-two Negro children not theretofore parties (2 3 4 5 6 , 7 8 , 9 1 , 1 , 1 , 1 , , , , , , , 0 2 4 5 1 , 1 ,2 1 , 1 , 2 , and 21). 6 7 8 9 0 STATEM EN T OF TH E FA CTS The consideration and determination of this appeal requires a review of the background and prior proceedings in this case, as follows: I. PRIOR PROCEEDINGS On 3 July 19 , the court below, acting upon the com 1 56 plaint of plaintiff Negro children of school age resident in Arlington County, Virginia, and their parents or guardians, for themselves and others similarly situated, entered the following Order Granting Injunction (R. 179, 181): . . . A d j u d g e d , Or d e r e d , and D e c r e e d that effective at the times and subject to the conditions hereinafter 1 T hroughout tho testimony, the exhibits and the co u r t’ F in din gs o f F act s and Conclusions o f Law, the individual pupil-plaintiffs are referred to by letters, iden tifyin g those who were ordered admitted to designated “ w h ite” schools in Septem ber 1957, and by num bers iden tifying those whose admission to designated “ w h ite” schools was b efore the court fo r the first time. The names o f these individual plain tiffs are related to the letters and numbers in a “ Code f o r S p o t M a p s ” (JA 284-285.) 2 This plaintiff has le ft the jurisdiction and, therefore, is n ot included am ong the present appellants. stated, the defendants, their successors in office, agents, representatives, servants and employees be, and each of them is hereby, restrained, and enjoined from re fusing on account of race or color to admit to, or enroll or educate in, any school under their operation, control, direction, or supervision any child otherwise qualified for admission to, and enrollment and educa tion in, such school. . . . the injunction hereinbefore granted should be, and it is hereby made, effective in respect to elementary schools at the beginning of the second semester of the 1956-1957 session, to wit, January 3 , 19 , and in 1 57 respect to junior and senior high schools at the com mencement of the regular session for 1957-1958 in September 1 5 . 97 This judgment was affirmed by this Court on 3 December 1 1956 (R. 188). Writ of certiorari was denied 25 March 1 5 . See 353 U.S. 9 0 97 1. No Negro pupils having been admitted to or enrolled in the theretofore white schools pursuant to this judgment, on 29 July 1957, the court below entered an order on plaintiffs’ motion to amend the original decree, as follows (R, 206): That the injunction specified in said judgment become in respect to both elementary and secondary schools effective at the commencement of the regular school term for 1957-1958 commencing in September 19 . 57 On 4 September 1957, the court below, in granting plain tiffs’ motion for further relief, found that Seven Negro children of school age were refused admission as pupils in the public schools of Arlington County, Virginia on the opening day of the current session. . . . (R. 239) * * * * Nothing in the evidence indicates that any of the plaintiffs is not qualified in his studies to enter the school which he sought to enter . . . Anyway, no �7 6 intimation of disqualification appeared as to any ap plicant. (R. 243-244) A review of the evidence is convincing that the only ground . . . for the rejection of plaintiffs was that they were of the Negro race. The rejection was simply the adherence to the prior practice of segregation. No other hypothesis can be sustained in any of the seven instances. ... (R. 244) Whereupon, on 14 September 19 , the court below entered 57 a Supplemental Decree of Injunction, as follows (R. 2 8 4249): Or d e r e d that the defendants, their successors in office, agents, representatives, servants, and employees be, and each of them is hereby restrained and enjoined from refusing to admit the said movants to, or enroll and educate them in, the said schools to which they have made application for admission, that is: * * * # 3 Robert A. Eldridge III in the Fillmore School or . the Patrick Henry School; 4 George Tyrone Nelson in the Stratford Junior . High School; or the Swanson Junior High School; 5 E. Leslie Hamm, Jr. in the Stratford Junior . High School or the Swanson Junior High School; 6 . Louis George Turner in the Swanson Junior High School; 7 Melvin H. Turner in the Swanson Junior High . School; upon the presentation by the said movants of themselves for admission, enrollment and education in the said schools commencing at the opening of said schools on the morning of September 23,1957. This injunction was suspended pending appeal (R. 256) and, on 1 February 1 2 958, was affirmed by this Court (R. 399). Writ of certiorari was denied 19 May 1958. See 356 U.S. 9 8. 5 Against this background, we present the factual basis for the instant appeal. II. STATEMENT OF FACTS ON THE INSTANT APPEAL Subsequent to the close of the 1957-58 school term, appel lants, Negro pupils attending the Arlington County, Vir ginia, public schools, through their parents and guardians, applied to the appellees, the School Board and the Division Superintendent of Schools of Arlington County, Virginia, for admission and enrollment at the commencement of the next school term on 4 September 1958 in designated schools theretofore maintained exclusively for white students, “ or to such other school his [or her] assignment to which may properly be determined on the basis of objective considera tions without regard to his [or her] race or color.” This group of thirty pupils included five of the seven students who had been ordered admitted to designated schools by the Supplemental Order of Injunction entered by the court below on 14 September 1957, supra. The parents or guardians of each of these infant appel lants received a letter dated 7 August 1958 from the Pupil Placement Board of the Commonwealth of Virginia request ing that they appear with their children for personal interviews to be conducted by that agency [PI. Ex. 7 , T. 359]. All declined to attend the interviews, but they again requested the appellees to assign their children in accordance with their previous requests, offering to co operate in furnishing necessary information to appellees [Def. Ex. 1 , T. 356]. Subsequently, the appellees and 3 the Pupil Placement Board jointly summoned the appel lants to personal interviews [PI. Ex. 8 , T. 359]. Each of the pupils, accompanied by one or both parents, attended one of the interviews which were conducted jointly by the state and local authorities on 1 , 1 , and 29 August 19 , 8 9 58 and each applicant was subsequently notified by appellees that their requests (for assignment to “ white” schools) had been denied by the Pupil Placement Board. On 26 August 1958, twenty-two of the applicants who had not previously been parties to this action filed a Com plaint in Intervention (R. 408), which complaint, as did the Motion for Further Relief simultaneously filed in be- �8 9 half of the eight applicants already parties herein (JA 1 -5), prayed for specific injunctive relief in enforcement of the previous orders entered herein. On the same day appellees filed a Report and Request for Guidance, describ ing the course of events subsequent to the filing of the Mandate and Opinion of this Court on the previous appeal, and stating that they intended to make no assignments of the appellants unless directed to do so by the court below (JA 6 ). -9 mentioned problem areas as reasons for rejecting appel lants’ applications is as follows: On the evening of 28 August 1958, having studied and familiarized themselves, upon advice of counsel, with sum maries of data prepared from the cumulative folders of each of the appellants, appellee School Board met in closed session and, after discussion, determined that the appli cations submitted by appellants fell into five different prob lem areas on the basis of which, by vote of appellee School Board, each of the applications would be rejected if the court should determine that appellees had the legal re sponsibility for assigning appellants to Arlington County public schools (JA 43-44). Appellees’ “ proposed” rejec tion of appellants’ applications for admission to “ white” schools and the reasons therefor were first disclosed to appellants and the public on 2 September 1958 at the hearing before the court below. { b d ) Ii. The five problem areas into which appellants’ applica tions fell and on the basis of which all were rejected by appellee School Board were described as follows: I. At tendance Area; II Overcrowding at Washington and Lee High School; III Academic Achievement; IV Psycho logical Problems; and V Adaptability ( b d ) Ii.. The procedure followed by appellees in the consideration and rejection of appellants’ applications, was a procedure developed and used only with respect to those pupils who sought to enter schools attended by pupils of the opposite race (JA 3 , 7 2 4-78). The evidence presented at the hearing with specific reference to appellees’ consideration of each of the afore- A tten d a n ce A rea Rejection of the applications of eleven appellants (2 3 , , 4 9 1 , 1 , 1 , 1 , 2 , 2 , 25) was voted by appellee School , , 4 5 7 8 3 4 Board on the basis of problems related to attendance area (JA 44-49). These eleven pupils were residents of the attendance area prescribed for the Hoffman-Boston School, and were reassigned by the Pupil Placement Board and appellees to that school. The Hoffman-Boston School has heretofore enrolled and now enrolls Negro pupils only (JA 9 -91 99-100), and houses both elementary and sec0 , O ' \ ondary grades. The boundaries of this attendance area were established prior to this litigation (JA 90), and for the specific purpose of serving the Negro pupils within its confines (R. 374). The portion of Arlington County embraced by the Hoffman-Boston attendance area bound aries is occupied almost exclusively by Negroes, but the few white pupils residing therein are assigned to schools other than Hoffman-Boston (JA 9 -9 , 142-146). 1 2 Pour of the pupils affected by this reason for rejection are high school students seeking admission to Wakefield School. For high school zoning purposes, the HoffmanBoston area forms an elongated enclave within the Wake field (“ white” ) attendance area (Def. Ex. 7 T. 101). The , seven remaining pupils sought admission to Kenmore, Gunston, and Thomas Jefferson (“ white” ) Junior High Schools. These schools are located closer to their respec tive residences than Hoffman-Boston, the latter school being located at one end of the district and their residences at the other end (Def. Ex. 6, T. 101). Each of the rejections based upon Attendance Area was approved by the court below. O v e r c r o w d in g a i W a sh in g ton and L e e H ig h S ch o ol Five pupils (D, 1 , 1 , 1 , 21) were denied assignment to 2 9 the Washington and Lee (“ white” ) High School on the �10 1 1 ground that Washington and Lee was overcrowded (JA 5 , 53). Those students are residents of an area referred 0 to as the North Hoffraan-Boston area. This area which was entirely surrounded by the Washington and Lee at tendance area, and was widely separated from the HoffmanBoston school and Hoffman-Boston attendance area abovedescribed, was reported to have been abolished for assign ment purposes by the appellee School Board at the same meeting at which the appellee School Board considered and rejected appellants’ applications. The area was made a part of the Washington and Lee attendance area for high school students and a part of the Stratford attendance area for junior high school students (JA 4 , 48). 6 The court below approved this reason as the basis for rejection of these five requests for assignment to Washing ton and Lee, or other appropriate “ white” high school. For the 1958-59 school term Washington and Lee had a planned enrollment of 2600 and a capacity of 20 00 ; Wakefield had a planned enrollment of 2 540, with a capacity of 2000; and Hoffman-Boston had a combined elementary and secondary enrollment of 5 5 with a capacity of 3 5 7, 7, increased by 100 through the use of temporary facilities, and with facilities for 100 more students under construc tion and estimated for completion in January 1959 (PI. Ex. 5 JA 2 , 25). In a prior action unrelated to appellants’ request for admission to Washington and Lee, the appellee School Board had assigned all 10th grade students residing in the northwestern sector of the Washington and Lee attendand area, numbering 2 0, to attend the Wakefield School, 5 in order to equalize the burden of overcrowding between Washington and Lee and Wakefield, pending completion of a proposed new high school (JA 50-51). The area from which these 250 white 10th grade students were siphonedoff from Washington and Lee to Wakefield abuts but does not embrace the “ abolished” North Hoffman-Boston attendance area where the affected appellants reside (JA 53). The five affected appellants, four of whom were 10th grade students, were assigned to the Hoffman-Boston School. A ca d em ic A ch iev em en t Twenty-two appellants (B, C, D, E, 2 3 4 5 6 , 8 , 9 1 , , , , , , 0 1 , 1 , 1 , 1 , 1 , 2 , 2 , 2 , 2 , 25) were refused admission 1 2 4 5 7 1 2 3 4 and enrollment in “ white” schools on the basis of academic accomplishment (JA 54-62). These included all of the pupils rejected for reasons of Attendance Area and Over crowding except for Nos. 1 1 , and 1 , in addition to nine , 8 9 others not previously mentioned. The data used by the Board in connection with this reason for rejection consisted of the latest available scores at tained by the appellants on the California Achievement Test. This test is given annually in the county schools to children in grades 3 5 7 and 9 (JA 54). The individual , , , pupil’ test scores were compared with statistical data indi s cating the median achievement levels of typical junior and senior high school classes at Hoffman-Boston (Negro) School, and with similar data for Stratford Junior High and Washington and Lee Senior High (white) Schools. This data indicated that in the two all-white schools seventy percent of the pupils scored above the national norm, while at Hoffman-Boston only twenty percent of the students scored above the national norm (JA 56). In Arlington County the median score at the white schools ranged above and at the Negro school below the national norm (JA 55). The applicants who had scored below the national norm and who, consequently, fell below the median score of the typical class at the white school to which they applied were rejected. The scores of these applicants fell within the lower one-third of the typical white class to which they were seeking admission (JA 116). An expert witness called by appellants testified that the California Achievement tests are extremely limited as a means of determining the proper grade placement of pupils �12 1 3 (JA 148); that the national norm published by the authors of the test does not represent a minimum standard of achievement for pupils in a particular grade because fifty percent of all pupils will score above and fifty percent below this median score or national norm (I i .); and bd that within any typical class of a given grade tested, there would normally be a variation of scores within the middle sixty percent of such class of two to three years in grade equivalent (JA 148-149). This witness concluded that, upon examination of the school records of the appel lants, all but three of them scored within the range of achievement of this middle sixty percent (JA 167), and were qualified for advancement to the next grade in any school (JA 153-166); and that the three students who scored within the bottom twenty percent probably needed remedial work (JA 167-171). The witness stated that in his opinion the gap between the achievement of pupils in segregated Negro and white schools tended to increase with the passage of time, and thus to be greater in the higher than in the lower grades (JA 171). The court below approved the rejections based upon the Academic Achievement reason and the consequent assign ment of these appellants to Hoffman-Boston School. race (JA 6 4-65 and Def. Ex. 1 , JA 286). Accordingly, 0 these appellants would remain at Hoffman-Boston School. An expert witness called by appellants testified that there was insufficient data in the School Board’ cumulative s records on the individual pupils to justify any clinical judgment with respect to their psychological problems (JA 211-213), but that, on the evidence available, conclu sions opposite to those made by appellees were justified (JA 198-199). P sy c h o lo g ic a l P ro b lem s Seven appellants (C, 1 2 6 , 8 , 2 , 24) who were also , , 1 disqualified for admission to the “ white” schools they sought to enter for one or both of the reasons described above, where rejected because of alleged psychological problems (JA 65). The appellee School Board explained that it had relied upon the conclusions of the State Di rector of Psychological Services, which conclusions were based upon his examination of appellants’ school records. He did not testify, but the report he submitted to the appellee School Board stated that the records of the pupils discussed evidenced such things as “ instability”, “ lack of self-control”, “ extreme shyness”, etc., and he con cluded that it would be unwise to subject these pupils to the pressures of attending a school with children of another With respect to Psychological Problems, the court below concluded as follows (JA 21): 3 . The reasons given for disqualifying the seven students upon the test of the Psychological Problems obviously give consideration to race or color. On the other hand, the rejection was not due solely to these features. The court, however, does not rule on the evidence to be accorded this test because the evidence before it upon the point is too scant. . . . Therefore, this test must be disregarded for this case. A d ap tab ility The remaining appellants, who had not been disqualified for any of the foregoing reasons (A, 7 1 , 1 , 20), were , 3 6 rejected by the School Board for lack of adaptability to new situations (JA 66 ). The appellee Division Super intendent of Schools defined this reason as the ability to accept and conform to the new and different educational environment occasioned by entering a school predominantly occupied by pupils and teachers of another race (JA 70-72). The sole evidence upon which the appellee School Board acted in the application of this 1 standard ’’was the Super 1 intendent’ opinion that, if these five students were ad s mitted and enrolled in the “ white” schools they sought to enter, they would lose the position of leadership and scholastic superiority which they enjoyed in the all-Negro schools they attended, as well as their “ sense of belong ing”, that this loss would be discouraging and possibly emotionally disturbing to them ( b d ) and that only Ii., superior gifted Negro children could adapt to desegregated �1 4 1 5 schools (JA 7 , 80-81). An expert witness for the appel 1 lants expressed a contrary view (JA 213-218). The court below concluded that there was no ground in the record to bar four appellants (7 1 , 16 and 20) from , 3 the school to which they had applied for the Adaptability reason. However, as to one appellant (A), the court said (JA 23): appointment of the Gray Commission on Public Education, to study and make recommendations concerning public school desegregation. That Commission’ report was sub s mitted in November 1 955. The nature of that report and the subsequent history of “ massive resistance” is exhaus tively treated in NAACP v. Patty,159 F. Supp, 5 3, 5 1 0 1518 (E. D. Va. 1958). See also Adkins v. School Board o f th City of Newport N i s 148 F. Supp. 430, 434-442 e ev, (E.D. Va. 1957), aff’ 246 F. 2d 3 5 (4th Cir. 1947). d. 2. Pursuant to the “ massive resistance” policy, the legislature of the Commonwealth of Virginia, acting upon recommendations by the Governor, has enacted twenty-odd statutes designed and intended to thwart desegregation, including provisions— already invoked— for the closing of schools desegregated by court order, cutting-off funds for such schools, and creating the Pupil Placement Board. See Adkins v. School Board of th City of Neivport Neivs, and e NAACP v. Patty, supra. The “ massive resistance” policy has had a direct bear ing and impact upon Arlington County, Virginia and appellees, as is indicated by the following excerpts from the Southern School News: Item 1 Southern School News, Vol. 2 No. 8, Feb. 1 5 , — , 96 p. 14: ... In certain circumstances, undoubtedly, the line of demarcation between it [adaptability] and racial discrimination can be so clearly drawn, that it can be the foundation for withholding a transfer. Pupil A exemplifies this hypothesis. At the conclusion of the hearing before the court below, the court stated that it had no objection to the operation of the schools on the basis of the assignments proposed by appellees (i.e. to Hoffman-Boston School) pending the court’ decision (JA 222). The 1958-1959 school term com s menced on 8 September 1 5 , the School Board having 98 once postponed the opening scheduled originally for 4 September 1 5 . Although the court below in its Findings 98 of Fact and Conclusions of Law, filed on 1 September 7 1 5 , disapproved appellees’ rejection of the applications 98 by four of the appellants for admission and enrollment in the “white” Stratford Junior High School, it postponed until the commencement of the second semester of the current school term in January 1959,3the effective date of its decree, entered 2 September 19 , restraining and en 2 58 joining appellees from refusing to admit, enroll and educate these four appellants in said school (JA 1 -1 , 224-225) 1 2 III. HISTORICAL BACKGROUND Following the decision of the Supreme Court in Brown v. Board o Education the official, declared and operative f policy and practice of the government of the Common wealth of Virginia became and continue to be “ massive resistance” to desegregation. The first official action in furtherance of this policy and practice was the Governor’ s 3The second semester is scheduled to commence on 2 February 1 5 . 99 The Arlington County School Board has adopted a plan to integrate countyschools . . . * # # * The plan presented by Supt. T. Edward Rutter, and unanimously approved by the Board, based on the assumption that the Gray Commission proposals will become law. The Gray plan is designed to prevent enforced integration but not to prevent a locality from integrating if it chooses to do so. * # * # Here is the text of the statement adopted by the Arling ton Board: “ The Arlington School Board interprets the Gray Commission recommendation and the vote Monday, Jan. 9 19 , for the Constitutional Convention in Vir , 56 ginia, to mean that no child in Virginia shall be forced �1 6 to attend a school in which children of both white and Negro races are enrolled. The Arlington public schools as a division of the public school system of Virginia will comply with any action taken by the State Legislature. The Arlington' School Board also believes that legis lation will be enacted to carry out the proposed Gray Plan and that in order to meet the Supreme Court’ s decree for ‘deliberate speed’ desegregation, it will be necessary to provide schools, in which children of both T races may attend classes. “Assuming that the legislature will enact the provi sions recommended by the Gray Commission, the Arlington School Board adopts the following policy: ‘‘Integration will be permitted in certain elementary schools in the Fall of 1 5 . 96 “ The Arlington School Board will continue the policy of determining elementary school attendance areas on a geographical basis. “ Children whose parents object to their attendance at an integrated school will be assigned to a school that is not integrated. “ Parents who ask to have their children assigned to schools outside their own school district will be responsible for their children’ transportation to and s from school. “ Certain Arlington junior high schools will be inte1grated in the fall of 1958; certain senior high schools 1 will be integrated in the fall of 1 5 . For these grade 98 'levels, also, a plan will be put into effect permitting transfer of those students whose parents object to their attending integrated schools. “ Any child in Arlington may attend a non-segregated school if his parents so desire. The Arlington School Board does not anticipate the necessity of pay ing tuition grants for children to attend private schools.” Item 2 Southern School News, Vol. 2 No. 9 Mar. 1 5 , — , , 96 p. 14: Overwhelming approval of an interposition resolu tion and consideration of another resolution to con tinue segregation during the 1956-57 school year high lighted February’ deliberations of the Virginia Gen s eral Assembly. 1 7 The Arlington County School Board’ announced s intention of beginning desegregation next fall . . . also touched off a bitter controversy in the Assembly. The fight revolved around a bill which would take away from Arlington its right to elect its school board members by popular vote. Arlington is the only county in the State in which school board members are elected. * * * # By a vote of 9 -5 in the House of Delegates and 3 -2 0 6 in the State Senate, the General Assembly on Feb. 1 adopt a resolution “ interposing the sovereignty of Virginia against encroachment upon the reserved powers of this state, and appealing to sister states to resolve a question of contested power. # * ** The Arlingtoncounty controversy in the Assembly centered around a bill introduced by delegate Frank Moncure of Stafford County (a county with 14% Negro school enrollment) to take from Arlington its privilege ofelectingits school board members. * * * * Delegate Moncure’ bill, as introduced, would pro s vide for replacing the present board members by the system used in most Virginia counties. Under this system, the Circuit Judge appoints a school trustee electoral board, which in turn appoint the school board. A House committee, however, voted to amend the Bill to permit appointment of the school board by the county’ governing body, the Arlington County Board. s This is the system used in all Virginia cities and in a few counties. Item 3— Southern School Ne v , Vol. 2 No. 1 , April is , 0 19 , p. 13: 56 Meanwhile in addition to approving an interposition resolution— the Assembly’ other action dealing with s the segregation issue included: 1 ) Arranging for a Constitutional Convention, sub sequently held March 5 , to amend the State Constitu -7 tion to permit the payments of public money tuitiongrants to children attending private non-sectarian schools. �1 9 1 8 2) Adoption of a resolution opposing racially-mixed competition involving public school athletes. 3 Adoption of a bill to take away from Arlington ) County residents the power to elect their school board. The Arlington Board is the only one in Virginia to announce definite plans to begin integration next school year. Item 4 Southern School Ne v , Vol. 2 No. 1 , June 1 5 , — is , 2 96 p. 13: Virginia has temporarily shelved— and conceivably may abandon— its much-publicized Gray Plan for solv ing the School Segregation problem. * * * # Suits seeking to force an end to racial segregation in the schools at the start of the fall term have now been filed against five Virginia localities— Prince Ed ward and Arlington Counties and the cities of Nor folk, Newport News, and Charlottesville. All cases are in Federal District Courts. In this context, appellants submit and urge the Court’ s consideration of their contentions in this case. ARGUMENT I . THE MANNER IN WHICH APPELLEES ACTED UPON APPEL LANTS' APPLICATIONS FOR ADMISSION TO "WHITE" SCHOOLS IS RACIAL DISCRIMINATION IN CONTRAVEN TION OF APPELLANTS' CONSTITUTIONAL GUARANTEED RIGHTS TO DUE PROCESS AND EQUAL PROTECTION OF THE LAWS. A. In the attempted exercise of their right to enjoy educational opportunities provided by appellees, appellants were sub jected to terms and conditions based solely upon race or color. The elimination of race or color as a factor in the assign ment of pupils to the public schools of Arlington County, Virginia was decreed by the court below in July 1 5 . In 96 September 1 957 the court below made a judicial finding that appellees were still adhering to the prior practice of racial segregation. As late as 26 August 19 , appellees 58 made the following admissions: (1 ) that they had solicited and referred to the State Pupil Placement Board all appli cations from pupils seeking to enjoy the constitutional rights decreed by the court; (2 ) that they had cooperated with the Pupil Placement Board in furnishing information and in interviewing these applicants; (3) that the Pupil Placement Board had rejected all of these applications; and (4) that they had made and would make no assign ments of these applicants and would admit them only to the [Negro] schools to which they had been assigned by the Pupil Placement Board, unless directed otherwise by the court. This course of action appellees “ felt” was com pliance with the order of the court. (Report and Request for Guidance, JA 7 ) -9 Meanwhile, on 26 August 1 5 , appellants filed their 98 Complaint in Intervention and Motion for Further Relief, alleging, in effect, that appellees were still adhering to their prior practice of racial segregation. Consequently, on 28 August 1958— five days before said complaint and motion and appellees’ report and request for guidance were scheduled to be heard by the court and seven days before the scheduled commencement of the 1958-1959 school term— appellee School Board met in closed session and, having studied and familiarized themselves, on advice of counsel, with summaries of information pertaining to the 30 applications of Negro pupils seeking admission to “ white” schools, found that these 3 cases fell into certain 0 “ groupings” or “ problem areas”, upon the basis of which the appellee School Board voted to reject each of appel lants’ applications (JA 43-44). It is vital to an understanding of this proceeding to note that these “ problem areas”, “ groupings”, “ criteria”, “ tests”, or‘“ categories”, as they are referred to, were not a “ plan”, “ assignment regulations”, or “ formal cri teria” adopted, promulgated and published by appellees in the regular course and discharge of their lawful duties and responsibilities in the operation and maintenance of the Arlington County public schools. These “ problem areas” were formulated and used by appellees solely as �20 reasons to explain or justify their rejection of the thirty applications which were involved in the pending litigation. They were first disclosed and tendered to the court at the hearing below, not as formally adopted “ criteria for as signment” applicable to all pupils seeking admission to a school other than that in which he had theretofore been en rolled, but as the basis upon which appellees would refuse to assign the thirty appellants to the schools in which they sought admission. Thus, as appellees appeared before the court below on 2 September 19 , racial segregation in the public schools 58 of Arlington County, Virginia, remained an accomplished fact. This result is consistent with the Commonwealth of Virginia’ declared official policy of “ massive re s sistance” to desegregation and appellees’ prior judi cially declared adherence to the maintenance and operation of racially segregated schools. The pattern of “ different” treatment afforded to the Negro appellants is patent. The evidence in the record discloses that, notwithstanding appellees’ alleged adoption of “ an administrative procedure applicable to all . . . ap plicants for transfer to a school other than the one at tended at the end of the 1957-1958 session” (Report and Request for Guidance, JA 7), the only pupils in the Arling ton County public school sj^stem whose requests for trans fer were subjected to (1 ) the preparation and submission of data to the State Pupil Placement Board (JA 2 , 32); 5 (2 ) personal interviews by representatives of appellees and the Pupil Placement Board (Report and Request for Guidance, JA 8 ); and (3) application of the five “ criteria” or “ standards” upon the basis of which their individual re quests were rejected, were the thirty Negroes and two white students seeking transfers to schools theretofore at tended exclusively by pupils of the other race (JA 74-76). The court below specifically rejected appellants’ conten tion that the very formulation and use of these “ criteria”, as well as the other special treatment accorded appellants’ applications, was racial discrimination (JA 20). This con clusion the court justified on the basis that there was no L 21 previous necessity for the use of such tests and their use represented a new method for assignment of pupils which was “ not discriminatory as born of a social change.” This argument disregards the essential realities of the situation as disclosed by the record in this case. The dif ferent treatment accorded to appellants was not part of a “ plan” designed or intended to facilitate and accommodate a “ social change”. On the contrary, it operated, as it was au u. intended, to maintain the st t s q o The failure and re fusal of the court below to discern this obvious fact recalls the expression by Chief Justice Taft in the Child Labor Tax Case, 259 U. S. 2 , 37 (1922): 0 . . . All others can see and understand this. How can we properly shut our minds to it? C . Sparrow v. Strong, 70 U. S. (3 Wall.) 97, 104 (1866); f Watts v. Indiana, 338 U. S. 49, 52 (1949); Davis v. S h e l cnl, 81 F. Supp. 872, 881 (S.D. Ala., S. D. 1949). The evidence in this record emphatically and indisput ably demonstrates that the method by which appellants’ transfer requests were handled applies only in those cases that are differentiated from all others by the factor of race alone. The limited operation of what the court below chose to call “ assignment regulations” and an “ assign ment plan” is underscored by the uncontradicted testimony of appellees’ witnesses, supra, that these “ assignment regulations” had no application to any student other than a Negro student seeking enrollment in a previously “ allwhite” school, or a white student seeking enrollment in a previously “ all-Negro” school (JA 74-76). As respects those to whom applied, the “ assignment regulations” in issue establish standards and procedures significantly variant from those normally applicable to other children. Ordinarily, in cases other than those in volving “ racial” transfers, assignments are accomplished routinely, without personal interviews, school board con sideration and action, or special procedures. And, al though it is only in cases where children seek admission and enrollment in a school populated by pupils of the op- �22 2 3 posite race that appellees applied the special standards or criteria here involved (JA 77-78), the court below con cluded this does not prove discrimination. It is beyond question that the “ assignment plan” under consideration subjects all Negro applicants for nonsegregated education to a searching scrutiny and a survival of disqualifying phenomena not present in ordinary cases. This is more than merely the inconveniences, loss of time and trouble incidental to compliance with the special “ as signment” procedures which were applied. It is necessary that the Negro child satisfy requirements additional to and different from those established for and applied in all other cases. For the Negro child, rejections may follow from either a lack of special abilities and qualifications, or the presence of special circumstances. The difference in treat ment of Negro applications under the approved “ assign ment regulations” appears plainly from the fact that no white child is excluded from the schools to which the Negro appellants seek admission because his academic ability is rated below the median of the typical class in that school, or because he has “ psychological problems”, or because he is not “ adaptable.” These “ criteria,” the analyses of individual records, and interviews4 utilized in consideration of “ racial” transfer requests, all accumulate their weight to make exceedingly heavier demands of the Negro applicant to a white school. The validity of this observation is amply demonstrated by the fact that of the thirty Negro applicants submitted to appellees’ “ assignment regulations”, all were denied the requested transfers. This result is not remarkable when it is considered that the “ plan” necessarily operates in such fashion that while the Negro child, if exceptional, may survive application of the other criteria, he is doomed to failure under the Adaptability standard if he is not excep- tionally gifted or superior (JA 80-81). The vice in its operation is accentuated by the consideration that the Negro applicant to a Negro school or the white applicant to a white school need not be special but is admitted as a matter of course. In the context in which these “ problem areas” were conveniently contrived in a hastily called night meeting five days before the trial below, and in light of the fact that only Negro pupils were placed in such “ groupings,” and that the entire state is politically united in “ massive resistance” to desegregation, any consideration of these so called “ groupings” must be with suspicious scrutiny. Cf. Korematsu v. United States,323 U. S. 214 (1944). In the light of these facts and its own previous and present experience with appellees’ efforts to thwart the court’ prior order by disclaiming responsibility for appel s lants’assignments, the court’ legal justification for appel s lees’ continued successful defiance of the constitutional mandate for non-segregated public school education makes the following statement from the concurring opinion by the late Mr. Justice Murphy in Steele v. L u s i l & Nashville oivle R. R. C . 323 U. S. 192, 208 (1944) peculiarly apposite o, here: 4 A transcript of the personal interviews conducted by appellees and the State Pupil Placement Board appears in the record as Plaintiffs Exhibits 1 2 3 4 (T. 3 , , , . 49). The character of these interviews is exemplified by a question asked of each parent in substantially the following words: “ Are you seeking this transfer solely because of your so-called constitutional rights under the May 1 , 1 5 decision.” 7 94 The equal protection clause does not leave the state free to unjustifiably impose upon the exercise of rights by one group requirements not applicable to other groups. Smith v. Cahoon, 28 U. S. 553 (1931). See also Lane v. Wilson, 3 The utter disregard for the dignity and the well being of colored citizens shown by this record is so pronounced as to demand the invocation of constitu tional condemnation. To decide the case and to analyze the statute solely upon the basis of legal niceties, while remaining mute and placid as to the obvious and oppressive deprivation of constitutional guarantees, is to make the judicial function something less than it should be. B. The difference betw een the treatment a c co rd e d appellants and others sim ilarly situated, b a se d u pon ra ce alone, in vokes the con dem n ation of the d u e p ro cess and eq u a l protection g u a r an tees of the Fourteenth Amendment. �2 5 307 U. S. 268 (1939). Classifications violate the Constitu tion when they unjustifiably increase the group burdens, or depreciate the group benefits, of public education. S v a t v. Painter, 339 U. S. 629 (1950); McLaurin v. Okla iet homa State Regents, 339 U. S. 637 (1950); Sipuel v. Board of Regents, 332 U. S. 631 (1948). And it is hardly neces sary to state that the difference in treatment cannot be justified upon grounds of race, Brown v. Board o Educa f t o , 347 U. S. 483 (1954); Sweatt v. Painter, supra; Ex in parte Endo, 323 U. S. 283 (1944); Skinner v. Oklahoma, 316 U. S. 535 (1942), at 541; Nixon v. Herndon, 2 U. S. 73 536 (1927), at 5 1 Where, as here, such requirements are 4. enforced at all, they must be enforced without unequal results among groups identically situated despite differ ence as to race. Here the “ special” requirements con tained in the “ plan” under consideration are imposed only upon Negro children seeking to enter white schools, and white children seeking entry to Negro schools. The single factor determinative of its operation in particular cases is the difference in race between the appellants and those already in the school. Subjection to the “ plan” thus de pends solely on race— “ simply that and nothing more.” Buchanan v. Warley, 245 U. S. 60, 73 (1917). Neither the making of classifications based upon race, nor different treatment (by imposition of burdens or grant of benefits) to groups defined by racial considerations, have any reasonable relation to any legitimate purpose of the appellee School Board. Such discriminations by the school board constitute deprivations of liberty without the due process of law and denials of the equal protection of the laws in violation of the 14th Amendment. Brown v. Board o Education, 347 U. S. 483 (1954); Bolling v. f Sharpe, 347 U. S. 497 (1954), Cooper v. Aaron, 358 U. S. 1 (1958). An unjust discrimination not expressly made by the “ standards” adopted by appellees, but made possible by them, is nevertheless a denial of equal protection. Yick Wo v. Hopkins, 118 U. S. 356 (1886) is the classic state ment of the rights of persons aggrieved by discriminatory administration of schemes appearing innocent on the sur face, where, at pp. 373-374, the court said: . . . Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar cir cumstances, material to their rights, the denial of equal justice is still within the prohibition of the Con stitution. The fact that this different treatment may apply to white children who seek enrollment in “ Negro” schools, as well as to Negro applicants to “ white” schools, is en tirely beside the point. Shelley v. Kraemer, 334 U. S. 1 , 21-22 (1948). In any event, in all of its ramifications the “ plan” here involved applied only to Negroes. The fact that the “ plan” may not absolutely preclude all Negro children, and that exceptionally gifted children may survive its operation, does not save it from constitu tional condemnation. Indisputably, it discriminates against the class that included the Negro appellants here by im posing greater demands upon them than upon others. This vice in its operation alone suffices to render it invalid. As the Court in Lane v. Wilson, supra at 275, stated in treating another constitutional right The [Fifteenth Amendment] nullifies sophisticated as well as simple-minded modes of discrimination. It hits onerous procedural requirements which effectively handicap exercise of the franchise by the colored race although the abstract right to vote may remain unre stricted as to race. Nor is the decision to be affected by the consideration that the discrimination resulting from the operation of the plan may not have been intended by the defendants. “ It is immaterial that the defendants may not have intended to deny admission on account of race or color. The inquiry is purely objective. The result, not the intendment, of their acts is determinative.” Thompson v. County School Board of Arlington County, supra. Non-intentional dis- �2 6 crimination is nonetheless unconstitutional. C assell v. Texas, 339 U. S. 282 (1950); Hi l v. Texas, 316 U. S. 400 l (1942); Smith v. Texas, 311 U. S. 128 (1940). The fact that appellee School Board sought to achieve, by the means employed, compliance with the previous orders of the court below is equally impotent. However, well-intended their efforts may be, this objective cannot be attained by a device that denies rights created or protected by the Federal Constitution. Buchanan v. Warley, supra, at 8 . 1 C. The failure of the court b e lo w to rec o g n ize and con d em n the patent discrim ination in the m ethod b y w h ich a p p ellees acted u pon appellants' ap p lication s is inconsistent with c a s e s in other a reas in w hich State action h as b e e n p ierced and found to represent a stratagem or d ev ice resorted to for p u rp oses of p reserv in g racial discrimination. See Terry v. Adams, 345 U. S. 461 (1953); Smith v. A l lwright, 321 U. S. 649 (1944); Perry v. Cyphers, 186 F. 2d. 608 (5th Cir. 1951); Rice v. Elmore, 165 F. 2d 387 (4th Cir. 1947), c r . den. 333 U. S. 875 (1948). Singularly apposite et is the following excerpt from the recent opinion of the United States Court of Appeals for the Eighth Circuit in Aaron v. Cooper, F.2d (8 th Cir., No. 1 ,0 4 1 No 6 9, 0 vember 1958): The effect of all these cases [cited above], in their relation to the present situation has been epitomized by the Supreme Court in Cooper v. Aaron, 78 S. Ct. 1401, 1 0 , as follows: “ In short, the constitutional 49 rights of children not to be discriminated against in school admission on grounds of race or color declared by this Court in the Brown case can neither be nullified openly or directly by state legislators or state execu tive or judicial officers, nor nullified indirectly by them through evasive schemes for segregation whether at tempted ‘ ingeniously or ingenuously’ ”. D. The court's con clu sion that ap p ellees' rejection of appellants' ap p lication s w a s not b a s e d u p on ra ce or color is in con sistent with its fin dings that tw o of the rea son s for rejection in volv ed racial considerations. In its examination of the five reasons or “ criteria” ten dered by appellees in justification of the rejection of ap pellants’ applications, the court below concluded that 27 “ The reasons given for disqualifying the seven stu dents upon the test of Psychological Problems ob viously give consideration t race or co o . . . (JA o lr 21 ) and with reference to the testimony of appellee Division Superintendent in his definition and opinion concerning the Adaptability test, the court said: . . . Eaee or color is not the basis for his opinion, though, he owns, the necessity for his decision is oc casioned by the removal of racial bars (JA 20) These are express findings that race or color was involved in at least two of the reasons given by the appellee School Board. There is an apparent inconsistency between the court’ opinion that “ it would be almost a mental impos s sibility for a witness to say how much weight he gave to any one of the several factors” (JA 113) and the rationale by which the court itself found that two of the factors 1‘ obviously give considerations to race and color ’’ but con , cluded that the other three were “ valid criteria, free of taint of race or color.” (JA 2 ) 2 It is submitted that the foregoing considerations sup port only one credible conclusion, namely, that appellees’ action upon appellants’ applications is designed and ad ministered to accomplish, pursuant to the policy, practice and custom of the Commonwealth of Virginia, perpetua tion of racial segregation in the Arlington County public schools, in contravention of appellants’ constitutionally guaranteed rights to due process and equal protection of the laws. �2 8 29 II. Having thus indicated the limits of the scope of the judi cial inquiry in this matter, the court below, in its Findings of Fact and Conclusions of Law of 1 September 1 7 958, stated (JA II) : THE COURT ERRONEOUSLY CONSIDERED APPELLEES' REJEC TION OF APPELLANTS' APPLICATIONS FOR ADMISSION, ENROLLMENT AND EDUCATION IN DESIGNATED "WHITE" SCHOOLS AS "ADMINISTRATIVE DETERMINATIONS" TO BE REVIEWED PURSUANT TO THE "SUBSTANTIAL EVIDENCE" DOCTRINE AND, HAVING THUS LIMITED ITS SCOPE OF INQUIRY, FAILED TO DISCHARGE ITS OBLIGATION TO MAKE AN INDEPENDENT EVALUATION AND DETERMINA TION OF THE FACTS DECISIVE OF APPELLANTS' CONSTI TUTIONAL CLAIM THAT THEIR EXCLUSION FROM SAID SCHOOLS WAS BECAUSE OF RACE OR COLOR. As this case came on for hearing in the court below, the only issues presented upon the pleadings filed by the par ties were: (i) appellants’ demand for the enforcement and implementation of the previous orders of the court re straining and enjoining appellees from refusing to admit, enroll and educate appellants in any public school in Ar lington County on account of race or color; and (ii) ap pellees ’request for guidance, in the light of their contention that all power and authority to assign pupils to schools in Arlington County was vested in the Pupil Placement Board. However, at the hearing below, appellees were al lowed to present evidence as to the action they would take upon appellants’ applications i the court should reject ap f pellees ’disclaimer of authority to make pupil assignments. Thus appellees’witness testified that appellee School Board met, upon advice of counnsel, five days before the hearing below, considered appellants’applications, and voted to re ject all of them because they fell into five “ problem areas.” It was during cross-examination of appellees’ principal witness that the court below first indicated its concept of the scope of the inquiry in the instant proceedings, as fol lows : T h e C o u r t : A s I understand the case now, it has been channeled and reduced to the point where the Court is actually reviewing administrative action, and th inquiry o th Court i not whether th Court would e f e s e have done t i or t a , hut i h t i r there i evidence hs ht vele s t support i h t has been done; that is, that it is o va neither capricious, arbitrary or unlawful . . . (JA 82) [Emphasis supplied] . . . Decision is restricted to an administrative re view. . . . A. A ppellees' action w a s not such an "adm inistrative determ ina tion" a s w ou ld justify application of the "substantial evi d e n c e " doctrine. In concluding that appellees’ action upon appellants’ applications was an “ administrative determination” en titled to conclusive respect if based upon substantial evi dence, the court below relied upon premises which are not supported by the record in this case. More specifically, the court stated (JA 11): The case signally demonstrates the soundness and workability of these propositions: (1) that the Federal requirement of avoiding racial exclusiveness in the public schools— loosely termed the requirement of inte gration— can be fulfilled reasonably and with justice if the guide adopted is the circumstances of each child, individually and relatively; (2 ) that it may be achieved through the pursuit of any method wherein the regulatory body can, and does, act after a fair hearing and upon evidence; and (3) that when a con clusion is so reached in good faith, without influence of race, though it be erroneous, the assignment is no longer a concern of the United States courts. Tested by the existing record in this case appellants contend, and argue elsewhere in this brief, that the first and third of the above-stated “ propositions” are not sus tained. However, the second “ proposition” is the basis upon which the court limited the scope of its inquiry to an “ administrative review” and commands our immediate attention. To justify the court’ conclusion in this case it must s appear that appellees’action was based upon a “ fair hear ing”. The barest essentials of a “ fair hearing” would be notice, an opportunity to be heard, and findings based �30 3 1 upon the evidence. The fact that appellees acted ex p r e at, in closed session, without notice to appellants, or an oppor tunity for them to be heard in their own behalf is uneontroverted in this record. As stated in one of the leading cases in this area, Morgan v. United Sta e , 304 U. S. 1 ts , 1 -19 (1938): 8 and application of the “ substantial evidence” doctrine accorded it by the court below. . . . The right to a hearing embraces not only the right to present evidence but also a reasonable oppor tunity to know the claims of the opposing party and to meet them . . . Those who are brought into contest with the Government in a quasi-judicial proceeding aimed at the control of their activities are entitled to be fairly advised of what the Government proposes and to be heard upon its proposals before it issues its final command. No such reasonable opportunity was accorded appel l n s [Emphasis supplied] at. The fundamental rationale upon which administrative determinations are accorded respect by the courts is the fairness and adequacy of the procedure before the admin istrative agency. In Southern Garment Mfrs. Ass’. v. n Fleming, 122 F. 2d 622, 632 (D.C. Cir. 1941) the stand ards are set forth which, applied to the record in this case, conclusively demonstrate the court’ error: s The scope of judicial review should depend largely upon the adequacy of the preceding process. Here the process was fair and complete. The Committee and the Administrator did work that was authorized by Congress and they did it the way that body directed. The Committee heard evidence and deliberated. Its report went to the Administrator. There, the proceed ing was upon narrow, well-defined issues; the consid eration was detailed; the affected parties or their representatives were present; specific wage orders re sulted. These elements, inter alia, caused the Supreme Court, in the Opp case to call this proceeding judicial in character. A court, under such circumstances, should hesitate long before nullifying the resultant classification. It is submitted, therefore, that the “ administrative de termination” here was not entitled to the conclusive effect B. M oreover, appellants' claim that a p p ellees h a d ex clu d ed them from the sch oo ls to w hich they applied, on accou n t of their ra ce or color, in violation of constitutionally gu ara n teed rights, ob lig a ted the court b elo w to m ake an in dependent evaluation and determ ination of the factual issu e s d ecisiv e of appellants' claim. Accordingly, the court below was required to make its own independent evaluation and determination, upon all of the available and pertinent evidence, of the decisive factual issue; viz., whether appellees refused on account of race or color to admit, enroll and educate appellants, who were otherwise q a i i d in the “ white” schools for ulfe, which they applied. Thus, the issue of appellants’ qualifi cations, or lack thereof, was decisive of their claimed con stitutional right. The court was obliged to examine the evidence on this issue not merely to determine “ whether there is evidence to support the assignments as made”, or “ whether there is evidence to support what has been done,” or “ whether there is evidence to support the admin istrative finding”, or “ whether or not there was before the administrative agency valid evidence that supports its findings”, or “ whether there was justification in the mind of the others to come to the conclusion that they have reached, ” or “ only to see if the rebuttal evidence destroys any weight that might be given to the defendants’ proof.” Directly contrary to these expressions of the court’ inhi s bition and self-imposed limitations in the proceedings below, appellants contend that the court’ responsibility s was to make an independent review and determination upon the evidence “ whether the court would have done this or that,” and to weigh the evidence “ in the light that the court ordinarily weighs evidence, that is, determining the decision that the court will make,” resolving “ such differences” as may appear in the evidence, and, if so persuaded, making “ a different decision on this evidence” which “ may not agree with the conclusions of the Boards.” Wherever a citizen submits to a Federal court his claim �32 3 3 that an administrative body has acted in derogation of his constitutional rights, the court may and must exercise its independent judgment on those issues of fact that are decisive of the constitutional claim. This conception of the duty and function of the court is supported by the case law. In Ohio Valley Water Co. v. Ben Avon Borough, 253 U. S. 287 (1920) it was held that a court must exercise its independent judgment on the law and the facts in deter mining a claim of confiscation of property without due process of law, which resulted from a regulation of utility rates. The principle was again applied in S . Joseph Stock t Yards Co. v. United S a e , 298 U. S. 38, 49 (1936). Cf. tts Ng Fung Ho. v. White, 259 U. S. 276, 284-285 (1922). In Baltimore & Ohio BR Co. v. United S a e , 298 U. S. 34 , tts 9 372 (1936), the court again applied this doctrine, and re ferred in a footnote to Norris v. Alabama, 294 U. S. 5 7 8, 589-590 (1935), which may be regarded as involving an analogous principle. This principle, frequently stated in cases involving claimed coerced confessions and systematic exclusion of Negroes from juries, is that the power of the federal judiciary, in appellate review of state court pro ceedings, extends in certain circumstances to a considera tion of “ issues of fact.” The proposition is clearly stated in Watts v. Indiana, 338 U. S. 4 5 -51 (1949) : 9, 0 See also: Niemotko v. Maryland, 340 U. S. 2 8 271 (1951) 6, and Pierre v. Louisiana, 306 U. S. 3 4, 358 (1939); Feiner 5 v. Neiv York, 340 U. S. 3 5, 3 6, 323 footnote 4 (1951). 1 1 . . . “ issue of fact” is a coat of many colors. It does not cover a conclusion drawn from uncontro verted happenings, when that conclusion incorporates standards of conduct or criteria for judgment which in themselves are decisive of constitutional rights. Such standards and criteria, measured against the requirements drawn from constitutional provisions, and their proper applications, are issues for this Court’ adjudication. Hooven & Allison Co. v. Evatt, s 324 U. S. 6 2, 659, and cases cited. Especially in cases 5 arising under the Due Process Clause is it important to distinguish between issues of fact that are here foreclosed and issues which, though cast in the form of determinations of fact, are the very issues to review which this Court sits, Sec Norris v. Alabama, 294 U. S. 5 7 89-90; Marsh v. Alabama, 326 U. S. 5 1, 5 0 8, 0 1. Logic and reason cannot sustain the contention that appellees’ “ administrative determination,” made ex parte and without notice in closed and secret session and without a record other than the testimonial recital in the instant proceeding below, is entitled to greater respect than the determinations by the quasi-judicial administrative bodies and the courts represented in the cases cited, supra. Therefore, it is respectfully submitted that the court below erred in failing to make an independent determina tion, on all the evidence properly before it, of the decisive issue of appellants’ qualification, or lack thereof, for admission to the ‘‘white ’’ schools from which they claimed appellees excluded them on account of their race or color. il l. REVIEW AND CONSIDERATION OF THE AVAILABLE AND PERTINENT EVIDENCE COMPELS THE CONCLUSION THAT THE REASONS ADVANCED BY APPELLEES FOR THEIR REJECTION OF APPELLANTS' APPLICATIONS FOR ADMIS SION, ENROLLMENT AND EDUCATION IN "WHITE" SCHOOLS WERE BASED UPON CONSIDERATIONS OF RACE OR COLOR IN CONTRAVENTION OF APPELLANTS' CON STITUTIONALLY GUARANTEED RIGHTS OF DUE PROCESS AND EQUAL PROTECTION AND IN VIOLATION OF THE PRIOR ORDERS OF THE COURT. Appellants contend that an independent review and de termination upon the uncontroverted evidence in the record herein compels a conclusion contrary to that of the court below. A. A tten dan ce Area The Attendance Area reason as applied denies t appel o l n s the equal protection o th laws as guaranteed by at f e t e Fourteenth Amendment. h An attendance area basis for the assignment of school children to particular schools is, of course, not unusual or objectionable where applied without reference to race or color. However, even this seemingly innocuous and �34 rational standard may be applied in such a manner as to violate the mandate of equal protection. The action of appellees exemplifies this proposition. The evidence indicates that Attendance Area as a basis for assignment has been loosely applicable in Arlington County. The attendance area for the principal Negro school in the county, Hoffman-Boston, was established and has remained unchanged as an area for determining the assignment of Negro students only. (R. 374, JA 90-92). The few white children living within its boundaries are not required to attend Hoffman-Boston school (JA 9 0 9 , 143-145). Approximately 100 students are daily trans 1 ported from outside [from former North-Hoffman-Boston area] to Hoffman-Boston school. Those of the appellants, and all other Negroes, living outside the zone were nevertheless assigned by appellees to Hoff man-Boston school. It is submitted that this simple recitation conclusively demonstrates that Attendance Area, as administered by appellees, is but a rationalization for the use of “ naked and arbitrary power” to maintain segregation. Cf. Yich Wo v. Hopkins, supra at 3 6 6. In Brown v. Board of Education, 349 U.S. 2 4, 300-301 9 (1955), the Court indicated that among the factors to be considered by the district courts in granting time for compliance, were problems related to “ revision of school districts and attendance areas into compact units to achieve a system of determining admission to the public schools on a nonracial basis.” In Cooper v. Aaron, supra at 7 the , Court said that “ State authorities were thus duty bound to devote every effort toward initiating desegregation and bringing about the elimination of racial discrimination in the public school system.” Certainly the action of ap pellees herein, in continuing to maintain the prior school zones specifically designed to facilitate and accommodate the invalidated system of racial segregation, coupled with their disregard of these zones in cases where rigid enforce ment is incompatible with the maintenance of segregation, cannot be squared with any concept of “ good faith com pliance” with the duty “ to devote every effort toward 3 5 initiating desegregation.” See also Aaron v. Cooper, supra, with respect to the affirmative obligations of state and local authorities. B. O v e rc ro w d in g at W ash ington and L ee T e Overcrowding reason i a mere r t o a i a i n for h. s ainlzto continued r c a seg e a i n ail rgto. Appellees assign overcrowding as their reason for re jecting the applications of five Negro students to Wash ington and Lee High School. Appellants do not contro vert the fact that the enrollment at Washington and Lee exceeds the school’ planned capacity. Similarly there s is no contradiction of appellees’ assertion that a portion of the Washington and Lee attendance area was “ severed” and annexed to the Wakefield High School area for the assignment of 250 10th grade students to the latter school to equalize the burden between the two schools. However, upon these facts, appellees’treatment of the five appellants who did not live within the severed area is the most patent and obvious racial discrimination. These students, one of whom was in the 11th grade and would not have been affected by the severance in any event, were assigned in a manner dissimilar from all other students in the Wash ington and Lee attendance area— except the 100 other Negroes not parties to this suit— to the Hoffman-Boston School. Thus, although appellees claimed abandonment of the “ North” Hoffman-Boston attendance area in defer ence to its clearly racial character, the assignment of these five appellants and all other Negroes in that area to the Hoffman-Boston School is an obvious contradiction and adherence to the prior policy of segregation. The use of Overcrowding as a rationalization for con tinued maintenance of racial segregation has been specifi cally rejected. Clemmons v. Board o Education o H l s f f il bo o Ohio, 228 F. 2d 853, 85 , 860 (6th Cir. 1956), c r , r, 7 et d n 350 U.S. 1006 (1956). Tn a concurring opinion, Circuit e. Judge (Now Mr. Justice) Potter Stewart said (p. 860): It was estimated at the time of the hearing in the district court that the new school buildings in Hillsboro �36 would be completed about January, 19 , although 57 the record is not entirely clear on this point. If that is true, there may be some overcrowding of classrooms for the first half of the next school year, in the event the Board decides to make no use of the present Lincoln School building. Overcrowded classrooms, however, are unfortunately not peculiar to Hillsboro, and th avoidance alone o somewhat overcroivded e f classrooms cannot j s i y segregation of school c i utf hl dren s l l because of th co o of t e r s i s [Em oey e lr hi kn. phasis supplied] C. A ca d em ic A ch ievem en t The uncontroverted evidence with respect t th Aca o e demic Achievement reason c n l o c usively demonstrates t a ht t i i an attempted j s i i a i n for continued r c a hs s utfcto ail segregation. No white children, including those with achievement scores lower than those of the appellants, were excluded from the schools appellants sought to attend. It is said that the Negro students excluded for reason of academic deficiency, were found to have achievement scores that would place them in the lower portions of their classes if admitted to “ white” schools, and that they will have seri ous academic difficulties if transferred. But it is apparent on the face of the record that there were some white stu dents in the schools involved with achievement scores as low as those of the appellants. For, although the Arlington “ white” schools have median achievement levels above the national median, the “ Negro” schools have students scoring above and below these median scores. By definition a “ median” is merely the point dividing the upper and lower halves of the students tested. The pattern of discrimination is clear. Students are di vided into two groups, those with relatively high and those with relatively low achievement attainments. Those with relatively high attainments are deemed qualified. Those with relatively low attainments are then divided into two more classes— those excluded from a given school (all Negroes) and those not excluded (a l white students). Cf. l Yick Wo v. Hopkins, supra. It is apparent that the deci- 37 sion on whether or not those students with low attainments are qualified for attendance at the heretofore “ white” schools is exercised on a racial basis. It is submitted that it was erroneous, as a matter of law, for the court below to restrict the right not to be racially segregated in public schools to Negroes who are intellectu ally gifted. The equal protection of the laws is a “ pledge of the protection of equal laws” to a l persons within the l state, Yick Wo v. Hopkins, supra. The state is not required to treat as alike the genius and the imbecile, for they are different in fact, but the state may make no distinctions in its treatment of either geniuses or imbeciles of different races. I To exclude these Negro children from the benefits of superior schools, for the reason that as the victims of in ferior segregated schools they have not as a group reached the level of achievement of the more privileged race, is to forever consign them to an inferior education in seg regated schools. D. P sy c h o lo g ic a l P ro b lem s The exclusion of some appellants by reason of psycho logical problems was disapproved by the court below for insufficient evidence. It is submitted that the court’ s finding that this reason involved considerations of race and color was sufficient to invalidate it, without regard to the quantum of evidence on this point. E. A d ap tab ility Finally,with respect t l c o adaptability as a reason o ak f for exclusion o a p l a t , i i submitted t a t i a s f pelns t s h t hs l o was a r c a a d discriminatory standard. Its racial char ail n' acter is clearly indicated in the definition of this standard as given by the appellee School Superintendent, and testi mony that, in his opinion, the five appellants who had successfully met every other test mentioned above, should nevertheless be excluded from the schools to which they sought admission on the ground that they might be injured or harmed by the transition to attending school with mem- �38 3 9 bers of the other race, and their consequent loss of school superiority and leadership. One of the presuppositions of this opinion is a theory of the supremacy of the white race. The testimony of the appellees’ witness is that only exceptionally gifted Negro children could “ adapt” to desegregated schools (JA 80-81). Not only are the presuppositions of this rationale alien to American ideals, Ex Parte Endo, supra at 308, but the paternal solicitude for the supposed welfare of the appellants, which is urged to justify continued deprivation of their constitutional rights, touches an area beyond the power of the appellees or the courts, i.e. the rights of par ents and the children to decide whether or when to exercise their constitutional rights and what is in their best interests. McKissick v. Carmichael, 187 F. 2d 948, 954 (4th Cir. 1951) c r . den. 341 U.S. 951 (1951); Meyer v. Nebraska, 262 U.S. et 390 (1923); Pierce v. Society of S s e s 268 U.S. 510 itr, (1925). Carter v. School Board of Arlington Comity, 182 F. 2d 531 (4th Cir. 1950). The conclusion of th court below th t pupil A was e a lacking i a a t b l t , and th t t i was a proper ground n dpaiiy a hs for h s exclusion from the school th t he othenvise was i a q a i i d t a t n , i s milarly erroneous. In its consider ulfe o ted s i ation of this pupil, the court below has assigned reasons for his rejection not suggested by appellees. The court below considered information relative to his academic achievement, although appellees did not raise this objection. As no achievement test score was available for pupil A, the court below concluded that the statement taken from his most recent report card, that he was “ on grade level” , meant that he was on grade level in relation to the inferior standards of the Negro school to which he was assigned by appellees, despite the fact that a witness for appellees testified with respect to this very same pupil that the term “ on grade level” was used in relation to all the schools in the county (JA 37). The balance of the court’ dis s cussion of this pupil amounted to a balancing or weighing of the advantages and disadvantages to him of attending the white and Negro schools. This type of treatment of appellant A ’ constitutional claim is clearly erroneous. s R esp o n se to A p p ellees' C ross-A ppeal The appellees have filed a cross-appeal from the deci sion of the court below restraining and enjoining them from refusing to admit, enroll and educate four appellants in the Stratford Junior High School at the commencement of the second semester of the current school term, which decision was based upon the court’ finding and conclusion s that there was no substantial evidence to support appellees’ disqualification of these pupils by reason of lack of adaptability. As indicated, supra, in this brief appellants (cross appellees) disagree with the premises upon which appellees’ (cross-appellants) argument is based with respect to the proper function and scope of inquiry of the District Court. In this connection, the three cases relied upon by crossappellants in their brief on cross-appeal— National Labor Relations Board v Babcock < Wilcox C . 351 U.S. 105 . & o, (1956); Radio Corp. o America v. United S a e , 341 U.S. f tts 412 (1951); and Secretary o Agriculture v. Central Roig f Refining C . 338 U.S. 604 (1950)— have no relation to the o, problem posed by this appeal. Those cases involved the quasi-judicial determinations of administrative bodies fulfilling specialized technical functions, exercising expert knowledge, and following procedures affording to the inter ested parties full administrative or procedural due process, all as contrasted with the secret ex parte determinations of the appellee School Board (itself an interested party) based upon only the evidence it chose to consider and upon no “ record.” The school board’ suggestion that they s acted “ after a fair hearing and upon evidence” is palpably false. No hearing was accorded to the plaintiffs by the defendants and they were neither requested nor given an opportunity to present “ evidence” to the school board in support of their requests. However, assuming arguendo, t a the court below prop ht e l used and applied th “sub t n i l evidence” d c r n , ry e sata otie �40 41 i i submitted th t therei no evidence i th record t sup ts a s n e o port the School Board’ conclusion th t these four pupils s a were not q a i i d t attend Stratford Junior High S ulfe o chool. IV. The testimony of the school board’ own witnesses estab s lished that these students lived within the Stratford attendance area, were academically qualified by applica tion of the board’ own standards, had no disqualifying s psychological problems and could not be barred for lack of space. The only suggested reason offered by appellees for their exclusion was that these four students could not adapt to the new situation they faced. This was an opinion and a prediction based upon no individual data or information with respect to these students, at least so far as was disclosed to the court. The school board clearly failed to present any adequate evidence in justifica tion of the exclusion of these four students from the schools which they were otherwise admittedly qualified to attend. No basis for the exercise of discretion in their case was proffered except for the opinion of the School Superin tendent, and this is on its face a subjective prediction, admittedly occasioned only by the prospective removal of racial barriers. It is apparent that this reason has no meaning except in terms of racial issues and that the real basis for exclusion is race or color. And, of course, the objections to the entire procedure and pattern of action pursued by the school board, devel oped elsewhere in this brief, apply with equal force in consideration of the rights of these four students. THE COURT'S PREVIOUS JUDGMENT. AFFIRMED ON APPEAL, THAT FIVE APPELLANTS WERE QUALIFIED FOR AND COULD NOT BE REFUSED ADMISSION TO DESIGNATED "WHITE" SCHOOLS, MAY NOT BE NULLIFIED, IN SUBSE QUENT PROCEEDINGS FOR ITS ENFORCEMENT, ON THE GROUND OF APPELLANTS' ALLEGED DISQUALIFICATION FOR REASONS AVAILABLE TO BUT NOT URGED BY AP PELLEES IN THE PRIOR PROCEEDINGS. A. T h e 14 S ep tem b er 1957 D e c re e H erein F o re c lo se d Fu rth er L itiga tion W ith R esp ect to the Q u alification o f F ive A p p el lan ts fo r A d m ission to D esig n a ted "W h ite" S ch o ols In the Findings of Fact and Conclusions of Law entered in this case on 14 September 19 , the court below found 57 that seven Negro children, including five of the present appellants (A, B, C, D, and E), were refused admission to designated “ white” schools because of their race, inas much as “ no intimation of disqualification appeared as to any applicant.” Upon the basis of the foregoing find ings and conclusions, the court below entered its Supple mentary Decree of Injunction, ordering that the defendants [appellees here] be restrained and enjoined from refusing to admit, or enroll, or educate the named plaintiffs in the [white] schools to which they have made application for admission upon the presentation of said plaintiffs for admission, enrollment and education in the said schools commencing at the opening of said schools on the morning of September 2 , 1957 (R. 248). This injunction, on the 3 present appellees’motion (R. 252), was suspended pending appeal (R. 256). On 1 February 1 5 , this judgment was 2 98 affirmed by this Court (R. 399) and writ of certiorari was denied 19 May 1 5 . 98 The court below, with specific reference to appellants’ present contention said (JA 14): . . . Five of the thirty are the children who were ordered admitted by this court in September 1 5 , 97 but the order was stayed pending appeals. Contrary to their argument, however, these pupils have not by virtue of that order a vested position for this session. Admissions must be judged on current conditions, the rule to be applied to all students . . . �42 Appellants contend that the court’ order of 14 Septem s ber 1957 was final and conclusive of the rights of the parties thereby adjudicated. Washington Bridge Co. v. Stewart, 44 U.S. (3 How.) 413 (1845); Sibbakl v. United Sta e , 3 ts 7 TJ.S. (12 Peters) 488 (1838). More specifically, the issue of these appellants ’ qualifica tions for admission to the schools to which they applied was tendered, litigated and forever settled as between the parties and their privies. Baltimore S S Co. v. P i l p , . . hlis 274 U.S. 316 (1927); City and Town o Beloit v. Morgan, f 74 U.S. (7 Wall.) 619 (1869). This result obtains, notwith standing appellees’ claim that the defenses and evidence presented in the instant proceeding were not presented in the proceedings leading to the 14 September 1957 order. This is not a case where the law has been subsequently changed relative to the authority of the appellees to judge the qualifications of the five appellants. Nor is it one where subsequent to the 1957 decree additional data on the five appellants were obtained and reviewed by the appellees. The objections raised at the 1958 hearing were based upon the same data available to appellees prior to the 1957 hearing. Under our system of jurisprudence, it is wellestablished that a decree of judgment estops not only as to every ground of defense actually presented in an action, but also as to every ground which might have been presented. Otherwise, in many instances, litigation would be interminable. The Haytian Republic, 154 U.S. 118 (1894); Dowell v. Applegate, 152 U.S. 327 (1894). In Cromwell v. Sac County, 94 U.S. 351, 352-353 (1877), the Court said: Thus, for example, a judgment rendered upon a promissory note is conclusive as to the validity of the instrument and the amount due upon it, although it be subsequently alleged that perfect defenses actually existed, of which no proof was offered, such as forgery, want of consideration or payment. If such defenses were not presented in the action, and established by competent evidence, the subsequent allegation of their existence is of no legal consequence . . . The language, therefore, which is so often used, that a judgment 4 3 estops not only as to every ground of recovery or defense actually presented in the action, but also as to every ground which might have been presented, is strictly accurate .. . See also Gould v. Evansville& C R. C . 91 U.S. 526 (1876); . o, Grubb v Public U i i i s Commission o Ohio, 281 U.S. . tlte f 470 (1930); C i c t County Drainage D s . v Baxter State lio it . Bank, 308 U.S. 371 (1940); C l R v. Sunnen, 333 U.S. 591 ... (1948); U.S. v Munsingwear, I c , 340 U.S. 3 , 38 (1950). . n. 6 Moreover, if the appellees are allowed to litigate the qualifications of the five appellants and in some subsequent proceedings, as below, to relitigate the same matter by tendering further objections which could have been raised in the prior proceedings, then the constitutional rights of the appellants could easily be “ frittered away” and rendered incapable of effective enforcement. Cf. O i l re v. R s e l 278 U.S. 3 8, 363 (1929);Maggio v. Z i z 333 usl, 5 et, U.S. 5 , 68-69 (1948). 6 B. T h e F in al J u d gm en t S ecu r in g T h ese A ppellants' C o n sti tu tion a l B ig h ts C o u ld N ot b e V acated and S et A sid e b y A p p ellees' S u b seq u en t A ction In 1957 the court below found the five appellants qualified and ordered their admission to certain designated schools. In the instant proceedings below the appellees found appel lants disqualified by the application of “ criteria” which, when recognized by the court below, had the effect of nulli fying the prior injunction. No change in circumstances was shown. Prior to the 1957 hearing the appellees had the power and authority to apply the same “ criteria” subsequently tendered. The 1957 decree was thus “ va cated” without any showing of a change in state law, or administrative regulations, or that it was impossible for the appellees to carry out the terms of the injunctive order. In other words, whatever the distinction between a decree and a judgment at law, the 1957 decree did estab lish in the appellants a constitutional right to attend the schools designated by its terms. The decree fixed the rights of the appellants, Hopkins v. Lee, 1 U.S. (6 Wheat.) 9 �44 45 109 (1821), and by force of the decree the appellants were in legal effect placed in the designated schools. It has been repeatedly held that where a judgment has been rendered the rights flowing from it have passed beyond the legislative (administrative) power, either directly or indirectly, to reach or destroy. In United States v. Peters, 9 U.S. (5 Cranch) 1 5, 136 (1809), Chief Justice Marshall 1 observed: appellees well within the “ controlling legal principles” pronounced in Cooper v. Aaron, 358 U.S. 1 1 -17 (1958). , 6 Furthermore, since the District Court failed to enforce the 1957 decree on the basis of “ criteria” which could not be constitutionally applied to these five appellants, its action may be deemed to be unconstitutional within the meaning of the principles declared in Shelley v. Kraemer, If the legislatures of the several states may, at will annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the Constitution itself becomes a solemn mockery; and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals. See also McCullough v. Vir i i , 172 U.S. 102 (1898). gna The appellants submit, therefore, that the court’ ap s proval of appellees’ subsequent rejection of appellants’ applications on the basis of the alleged “ criteria” is within this principle. The action of appellees, approved by the court, nullified the rights flowing from the 1957 injunctive decree. C. T h e F in a lly A d ju d ica te d C on stitu tion al R igh t o f T h ese A p p ella n ts to A tten d th e S c h o o ls D esig n a ted in the Court's 14 S e p te m b e r 1957 O rd er C o u ld N ot b e S u b je c te d to C o n d ition s N ot S im ila r ly A p p lie d to A ll O th er S tu d en ts A d m itted and E n r o lle d in S a id S c h o o ls The 1957 decree gave the five appellants a legal status comparable to that of those students who were already enrolled. With this status they were entitled to be treated in the same manner as other students already enrolled, rather than as mere applicants for admission. Cf. McLaurin v. Oklahoma State Regents, supra. Appellees, however, applied the “ criteria” only to these five appel lants and the other Negro children seeking admission to “ white” schools. No white students, enrolled in these schools, or seeking admission for the first time, were subjected to these “ criteria”. This is a clear case of arbitrary and discriminatory action on the part of the supra. Accordingly, it is submitted that the ruling of the Dis trict Court, denying to these five appellants the enforcement and implementation of their constitutional rights as finally and specifically adjudicated under the prior orders of the court, should be reversed. v . THE COURT BELOW ERRED IN POSTPONING. UNTIL THE SECOND SEMESTER OF THE SCHOOL SESSION OF 1 5 9 8-1959. THE EFFECTIVE DATE OF ITS ORDER RESTRAINING AND ENJOINING APPELLEES FROM REFUSING TO ADMIT. ENROLL OR EDUCATE FOUR OF APPELLANTS IN THE "WHITE" SCHOOL FROM WHICH THEY HAD BEEN IM PROPERLY EXCLUDED. A. T h e C o u rt B e lo w th e P erson a l and It fou n d to H a v e fo rd J u n ior H ig h E rred in P ostp o n in g the E n joy m en t o f P resen t R igh ts o f the F ou r A p p ella n ts B een E x clu d ed U n la w fu lly F rom S trat S ch o ol The court below, upon review of appellees’ determina tion that each of thirty timely requests by Negro pupils for admission and enrollment in designated white schools for the current (1958-1959) school term should be rejected, found that as to four of these pupils “ . . . refusal of their applications for transfer is not justified in the record (JA 11).” In apparent anticipation of this result, the court, at the conclusion of the proceedings below on 4 September 1 958, made the following remarks: Without intending intrusion for a moment upon the functions of the administrative agency or of the State, the Court simply wants to say that as far as the Court is concerned, the schools may be opened and the pupils assigned to them. That i cludes t e n h ri h o th applicants here t enter th schools under gt f e o e t e assignments as made, hut reserving t themselves h o �47 46 without prejudice i any way, th ri h sil t i s s n e g t tl o n i t upon th change of the assignment after t e r cases e hi have been heard. This would be the course that would effective at the commencement of the next semester, January 1 959. This short deferment will not be hurt ful. Indeed, if the basic problem can be solved by time, the price is not too dear. do not want anyone t be prejudiced by the time t a o ht the Court w l require to reach its decision in this case. il Five days thereafter, on 22 September 1958, the court entered its Supplementary Order of Injunction be followed if, I am sure, there was no Constitutional question involved. I mention that simply because I (JA 222) * * * # ... I mean the children may return to the school as scheduled with reference to the applicants, the 30 here, they would take their places in schools as they are assigned now, but i doing s , they would not i any n o n way waive t e r r g t t continue the prosecution o hi ih o f t e r objections which are now before t e Court (JA hi h 223). * * # * ... In other words, i these 30 enter the s h o s f col, they w l be receiving th same c a s work, I take i, il e ls t but under conditions t a they do not a c p , but ht cet i o l only be for th temporary period u t l the Court vud e ni decides one way or the other (JA 223-224). [Emphasis supplied] However, notwithstanding the foregoing assurances that appellants would not be prejudiced by the delay involved in the court’ consideration and determination of their s motion to be admitted and enrolled at the commencement of the current session, on 4 September 1958, in the schools to which they had made timely application, the court, in its Findings of Fact and Conclusions of Law, entered on 17 September 1958, declared (JA 11-12): These four are all applicants for Stratford Junior High School; they have asked to enter the seventh grade, the first year of junior high. Before this deci sion can be effectuated by a final decree, ten days or more would routinely elapse, carrying the effective date into October. In the judgment of the court it would be unwise to make the transfers as late as that in the term.5 The decree, therefore, will be made I t should be noted that appellees postponed until 8 Septem ber 1958 the opening o f the 1958-1959 school term. N ote also that, on 14 Septem ber 1957, the court below ordered the admission o f seven N egro applicants into the white schools to which they had applied, effective 23 Septem ber 1957, not withstanding the 1957-1958 school term, had comm enced on 4 Septem ber 1957 (R. 239, 248). . . . that the defendants, their successors in office, agents, representatives, servants and employees be, and each of them is hereby restrained and enjoined from refusing to admit, enroll or educate plaintiffs Ronald Deskins, Michael Gerard Jones, Lance Dwight Newman and Gloria Delores Thompson to, or in, Stratford Junior High School, Arlington County, Vir ginia at the commencement of the second semester of the school session of 1958-1959, . . . The rights of appellants to the equal protection of the laws and to due process of law as secured by the Fourteenth Amendment are “ personal and present” rights. S v a t iet v. Painter, supra at 635; McLaurin v. Oklahoma State Regents, supra at 642, and the state must provide these rights for appellants “ as soon as it does for applicants of any other group.” Sipuel v. Board of Regents, supra at 63 3. B. A p p e lle e s P resen ted N o E v id en ce in Justification o f th e D ela y G ranted In Brown v. Board o Education, 3 U.S. 294 (1955) f 49 it is suggested that the United States District Courts must apply equitable principles in the timing of desegre gation orders, by consideration of particular local prob lems. However, the Brown decision clearly states the limitation of the area of this discretion and the conditions upon which delay in compliance may be permitted. Thus, at 349 U.S. 294, 300-301, the Supreme Court said: .. At stake i the personal i t r s of t e p a n i f . s neet h litfs i admission t public s n o chools as soon as p a t c b e rcialon a nondiscriminatory b s s To effectuate this inter ai. est may call for elimination of a variety of obstacles in making the transition to school systems operated �49 48 in accordance with the constitutional principles set forth in our May 1 , 1954 decision. Courts of equity 7 may properly take into account the public interest in the elimination of such obstacles in a systematic and effective manner . . . While giving weight to these public and private considerations, th courts w l require t a the defend e il ht ants make a prompt and reasonable start toward full compliance with our May 1 , 1954 ruling. Once such 7 a s a t has been made, the courts may find that addi tr tional time is necessary to carry out the ruling in an et h effective manner. The burden r s s upon t e defend ants t e t b i h t a such time i necessary i t e o sals ht s n h public i t r s and i c n istent with good f i h com neet s os at pliance a the e r i s practicable date . .. [Emphasis t alet supplied] Similarly, in Cooper v. Aaron, 358 U.S. 1 3 L. Ed. 2d , (Adv.) 5,10, the Court, after quoting the preceding passage with approval said: Under such circumstances, the District Courts were directed to require “ a prompt and reasonable start toward full compliance,” and to take such action as was necessary to bring about the end of racial segre gation in the public schools “ with all deliberate speed.” Ibid. ... I i a made plain t a delay i any guise t vs ht n i order t deny th c n t t t o a r g t of Negro n o e osiuinl ihs children could not be countenanced and t a only a ht prompt s a t d l g n l and earnestly pursued, t tr, i i e t y o eliminate r c a segregation from th public schools ail e could c n t t t good f i h compliance ... [Emphasis osiue at supplied] In the instant case, none of the conditions is present upon which the District Courts are “ directed” to predi cate the exercise of their discretion in granting delay in admission of Negro children to white schools in accordance with the Supreme Court’ desegregation mandate. The s prior proceedings and present record in this case conclu sively demonstrate that no “ prompt and reasonable start” has been made by appellees “ toward full compliance” with the May 1 , 1954 decision or with the prior decisions 7 in this case. In these circumstances, there can be no occa- sion for consideration of the factors which might justify a delay if there had been such a start. Brown, supra, and Cooper v. Aaron, supra. The appellees not only did not carry “ the burden . . . to establish that such time is necessary in the public interest and is consistent with good faith compliance at the earliest practicable date,” they did not, on the existing record, even assume that burden. Thus, there is no occasion for a balancing of interests or equities where previously determined and adjudicated constitutional rights are being thwarted by those local authorities who are duty bound to secure them. There is no conflict of public and private interests to be considered here, for it is always in the public interest to enforce the Constitution’ guarantee to each citizen or group of citi s zens of the equal protection of the laws. “ [E]qual protec tion to all is the basic principle upon which justice under law rests ...” Pierre v. Louisiana, supra at 358 C. T h e A p p ella n ts N eith er R eq u ested N or C o n sen ted to the D e la y for T h eir Benefit. O n th e Contrary, T h ey R eq u ested Im m ed ia te R elief If, as it appears from the opinion of the court be low (JA 11-12), the delay is sought to be justified by a concern for the interest of appellants themselves, the court’ action is erroneous as a matter of law, s since neither these infants nor their parents sought a delay. The court and the school authorities have no power or obligation to decide for appellants when or whether they may demand their right to equal treatment before the law, except under the expressly de fined and limited area of judicial discretion permitted by Brown v. Board of Education, supra. See Clemmons v. Board of Education of H l s o o supra at 857, 859. Indeed ilbr, when the constitutional rights of the individual citizen are at stake “ it is for him to decide in which direction his advantage lies.” McKissick v. Carmichael, supra at 95 4. It is respectfully submitted, that the court below erred as a matter of law, in delaying the enforcement of its injunction as to the four appellants whose constitutional �5 0 rights it found were denied by appellees and that, in this sense, the error constituted an abuse of judicial discretion which must be reversed. Clemmons v. Board o Education f o Hl f i lsboro, supra. C O N C L U S IO N For the reasons stated herein, it is respectfully submitted that the judgments appealed from should be reversed as to the appellants herein, except as to Appellants (Cross-Appel lees) Ronald Deskins, Michael Gerard Jones, Lance Dwight Newman and Gloria Delores Thompson, with respect to whom the judgment appealed from should be affirmed and modified to make it effective forthwith. Respectfully submitted, Ol i v e r W. H i l l 118 East Leigh Street Richmond 1 , Virginia 9 F r a n k D. R e e v e s , and J a me s M Na b r it , III . 473 Florida Ave., N. W. Washington 1 D. C. , S. W. R o b i n s o n , III 623 North Third Street Richmond 1 , Virginia 9 Ot t o L. T u c k e r 901 Princess Street Alexandria, Virginia Counsel for Appellants and Cross-Appellees. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Brief For Appellants And Cross-Appellees For Case No. 7776 From The United States District Court For The Eastern District Of Virginia, Alexandria Division Description An account of the resource Brief For Appellants And Cross-Appellees For Case No. 7776 From The United States District Court For The Eastern District Of Virginia, Alexandria Division, E. Leslie Hamm Jr, by E. Leslie Hamm, Sr vs. Arlington County School Board and Ray E. Reid, Division Superintendent of Schools, Arlington County, and Arlington County School Board and Ray E. Reid, Division Superintendent of Schools, Arlington County Virginia vs. Ronald Deskins, Michael Gerard Jones, Lance Dwight Newman and Gloria Delores Thompson, for the Eastern District of Virginia, Alexandria Division. Undated. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource United States District Court for the Eastern District of Virginia Date A point or period of time associated with an event in the lifecycle of the resource No date Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_4_38 https://projectdaps.org/files/original/ad39871b4bb0c094e1cb53e60db53ecb.pdf 56aaf0f7fb10b6708191393f210b4c28 PDF Text Text j I An S clio o b ' y ; •Session Call Jj O p p o sed b y Sj M rs. Ston e _ » 1 ----- tv —- a I . K athryn H. Stone. A rlington a delegate to the Virginia Gener- al Assembly, M id y e s te r d a y s h e I w a s o p p o se d to callin" a r nn 1 /stitu u o n al Con* a Con‘ * “n tio - • — a m en d "the < btatc C onstitu- : flion to perm * it jspending of jpublicfunds on . tuition grants: I fo r p upils to a t- : ■ end private t s c h o o ls. j s u 'h 'a p t a ," « 2 ij (Suggested in i*,rs- Stone I /|/!e 9"a> Commission report on| ‘ /Vj.gmja school segregation ft!!?1 „!c,carl>' ytoiate Section ** I,1- 9 of ‘he Constitution relating 'anecr ot V1ShmCwc ,a nthroughout' v „ ^ free schools d “ dintontne state. Mrs. Stone said. I t.nt be. . af ded ‘hat she would,' tote against any such nlan ini the Special Assembly. ' I ••iuakeshjft private schools without adequate buildings and equipment, and without any set of controlling standards would! indeed produce a generation of illite r a te s and wipe out decades iS,rcT C S “ ' S,on,! / “I am sure that the Federal j C o u rts r e a lize th a t th e im p le ­ m e n ta tio n o f the Supreme / C o u r t s decision on de-segrega- tion will require much more K f r A S° mC ,< a,ities than in • K * sa,d- “The efforts ue,. 1 ,ot t.jo General Assembly will . ^issjuiuioo ° - “ er spent on working out 1 ^ e ‘ijat.uuoj | ff?5!ire, -''‘•ps. however! . oieis small lCG.i-ng towards compll.,0 . -aoj jo aouSap uje^ .once. J3-o w d ^noMeode i r -c.ii jno ljodar am P/!Pn)S ,ou p . , ) ! , , , ™ , 3’ ' .(iqiuossv lejauoD Olif'oi nt?s oioa uoj^ujfay 'auois u&nnev u j o j j otueo luommoa jejm n s ^ i« ° r ov „ 0„ o S ? p p 03 “ •* uodoi Pin i i„ jo » » , w s s r / s ! 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For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Three News Clippings Description An account of the resource Three news clippings: "Assembly Setting Up Machinery For Vote on Constitution Study"; "Session Call Opposed by Mrs. Stone"; "Gray Report Reactions Vary" Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource "Gray Report.." Washington Post and Times Herald; all else Unknown Authors and Papers; Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_3_10_16 https://projectdaps.org/files/original/a83582fc40756e4b5d9fd35dd1022c4b.pdf 340139469a8f504ed18dd477d4582bfb PDF Text Text THE WASHINGTON POST and TIMES HERALD B4S u n d a y , F e b ru a r y 3, 1957 A id s P r o B e r s By Connie Feeley Staff (Reporter * ' Leslie Hall,'chief counsel forthe Virginia Legislature’ new s Committee on Law Reform and’ Racial Activities, is a softspoken, Alabama-born, segrega­ tionist. Reared in southern tradition, the 44-year-old attorney be­ lieves that. racial, integration “ is'wrong for Jhe South.” "As legal adviser for the .in­ vestigating committee, he will guide a state-wide probe of groups concerned with racial activities. . I Critics of the 10-member t , committee have called it aL. “ witch hunting”unit set up to W stifle the National Association, for,the Advancement of Col­ ored People.. The. committee, itself . am nounced this week that the initial targets of its probe will be the NAACP and the'two major pro-segregation groups . in', Virginia:, the Defenders of State Sovereignty and Individ­ ual: Liberties . and th e, White Citizens Councils, ' Hair said: “ s .bound to be It’ subfec'^mltter!*'butit w / the ton l ° °s he '"t* ad' consensus of thought of the mltted to the Virginia bar in members of the committee not .1314 and began law practice in to go on any witch hunt or any-'Arlington. He served as a Comthing resembling a McCarthy mjsioncr in Chancery there for committee . . .-wc’ re/going.to . try to conduct it in an orderly!1 years and als0 P a n te d 0 fashion.” periodically as an acting rAr21 Years of Practice > cuit Court 3 udSe- In 1955> he The orderliness of the^ up-lbc* ame a prosecutor in Alexcoming hearings and the col- a!?dJ*f where he now lives at lection ois evidence will be V ® "A Commonwealth ave. ?® some of Hall’ responsibilities In his new job, Hall, father; s, as'chief counsel. He will rely, of four children, will be' inon his background of 21 years volved in a study of the pos-« . of law practice, including sible effects of integration op! nearly two years’ service as As-!public schools in Virginia. His sistant Commonwealth’ At- personal opinion is that segre-j s torney in Alexandria. gation should be continued, j He temporarily left this job “ The South has just as good] to take the committee post.'schools .for. colored people as^ “ The committee was looking for white people in most places.^ for somebody with trial .experi- Colored people have just as] ence and asked me if I was equal opportunity for an educa-j interested ... it was a complete tion as the white people do. surprise. I felt very compli- There is no reason why any one mented.” igroup should be-forced on anThe trial experience came other group against its ■ ill 'w naturally to Hall because he when it’ not to the advantage s was born into a family of law- of either one.” yers and political office'hold- Reflects Byrd Thought ers in Bay Mmette, Ala. lie b left his home town to obtain a .The 1 954 Supreme Court de­ law degree from the Univer .ty cision banning segregation in of Alabama'in 1 3 , then re-Public schools was “ 95 based an turned home to practice for six sociological and phychological yeavs> \ principles rather than on legal \ He moved to the Washington theory'and precedent.1 ' area in 1 4 and became head Hall’ thinking on this issue 91 s of the Claims Branch of the reflects that of leaders in the Real Estate Division, Office of Byrd organization, dominant the Chief of • Engineers, War group in the state. “ like Sen. I Department. i Byrd’ idea, very much,” says s After moving from Washing-. Hall, a Democrat. on Told To Review Ban On 26 Negroes Court Says School Closing Law Hampered Transfer Decisions lyn By Robert E. Baker , v , r Staff Reporter • * 1 0 6 "f .1 A Federal appeals court directed the ArlingtoirSchool Board yesterday to restudy the applications of 26 Negro pupils denied admission to schools for white children, now,that Virginia has no school closing law.' In another opinio^, the U. S.* Fourth Circuit, Court of Ap­ peals again upheld the North Carolina p u p i l assignment plan. It stated that Negroes first must exhaust administra­ tive remedies set up in the: ^before seeking relief inFederal-,^QUr s t. The decisions were handed down in Richmond. In its 4 30word Arlington opinion, the Court did not invalidate spe­ cifically the standards of the pupil assignment plan used by the School Board to screen Negro applicants last Septem­ ber. Nor did the Court reverse the Federal District Court opinion of .Judge Albert V. Bryan who upheld the rejec­ tion of the 26 pupils. The School Board originally rejected 30 Negro applicants,, but Judge Bryant ordered four-’ of them admitted to Stratford;. Junior High School where they ! have been attending since FeB. 2. Court Cites 2 Reasons But the Circuit Court, in telling the School Board to take another look, cited two reasons why the School Board action should not be accepted; as a precedent for future as­ signments: •Virginia’ law closing de­ s segregated schools, invalidated by State and Federal courts in-January, was in effect when;1 } the School Board rejected th e * applications, and Judge Bryan ] supported it. ~ r-U “ With this threat hanging!* over them,”stated the Circuit) j ,Court, “ neither the Countyh School Board nor the District! Court could act with the same U freedom and independence as|r they can now.” jj • The Negro pupils were sub-jr jected to tests which <white ( applicants for transfers were); not—the main contention byji -attorneys for the Negro pupils j in their arguments before the ■ appeals court. The School Board has since adopted a r olicy subjecting!, all applicants for transfers to!* the same te: regardless oJT jj race. ! j The Circuit Court directed ) the School Board to restudy j the applications soon so that!; any dissatisfied pupils can ask1 • Judge Bryan for a review be-, lore the September school: term. : --- Appeal Held Unlikely The School Board will con­ fer with its attorneys to dis­ cuss a possible appeal of the Circuit C o u r t decision — a move held unlikely by Chair­ man Robert A., Peck.' | Peck said the Board, instead, probably will consider the re-J j jected applications along with • other transfer applications all !for the next term. Unless some facts affecting [the 26 rejected pupils have i changed, Peck said, he as­ sumes the Board will reject them again. He added, how­ ever, that each pupil will have another school year in his record, which might change the Board’ decision. s L. Lee Bean, Board member, agreed and said he was not influenced by the school clos­ ing law when he voted to re­ ject the applications. On the- other hand, James G. Stockard said he maintains now, as he did in September, that attendance areas and overcrowding are the only standards which can be ap­ plied without racial discrim­ ination. The Arlihgton plan also ine l u d e s standards involving academic achievement, adapta b i l i t y and pyschological problems. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Newspaper articles from the "Washington Post and Times Herald, "Integration Foe Aids Probers, February 3, 1957, and "Arlington Told To Review Ban on 26 Negroes," March 20, 1959. Description An account of the resource Newspaper article from the "Washington Post and Times Herald, "Integration Foe Aids Probers, February 3, 1957. Describes Leslie Hall, chief counsel for the Virginia Legislature's Committee on Law Reform and Racial Activities who believes that racial integration "is wrong for the South." and article "Arlington Told To Review Ban on 26 Negroes," March 10, 1959 in which court says school closing law hampered transfer decisions. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource "Washington Post and Times Herald" Date A point or period of time associated with an event in the lifecycle of the resource 1957 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_5_9 https://projectdaps.org/files/original/9b0fecb1c01a3b553575bf42a63c7272.pdf f48a7676410babdba89db8870358bcdd PDF Text Text T p f r P O S T and T IM E S H E R A L D Friday, June 1, 1956 CLARISSA THOMPSON . . .I.asks for equality' tern. People are just people to him now, but'if'he is exposed to only one kind of people, he will have odd feelings about the other kind.” , • Orndorff,- office manager of an Arlington engineering firm / • , A t/Au* is a native of Winchester, V Arlington Petitioners a. He attended Strayer Business When white persons join College and American Univer­ sity. His wife is from Wiscon­ colored in petitioning for de­ sin. They have lived in Arling­ segregation of the schools, as has recently been the case in , ton about 12 years. The case will be known as Arlington, they deserve the Photographer Clarissa Thompson et al,vs. . gratitude of the community. It cannot have been easy to • Barbara S. Marx of Arlington and her daughter, Ann, prin­ the Arlington County School the name cipals in the Arlington school integration suit, examine a Board et al. becauseNegro girl take such a step, and those who . of the 11th grade did so have undoubtedly been file of papers filed in the litigation. leads the .list of. plaintiffs.! subjected to abuse. But their Clarissa, 1 , of 1 3 - . Colum­ 6 8 1 Nbus st„ says, simply, -I want! names on the petition have “ to be considered an equal in | made clear an important fact in anything I want to do.”.Cla­ this integration hassle: that it rissa would like to attend Wash­ is not a matter of opposing ington and Lee High School in­ races, white and Negro, but rather of opposing principles, stead of Hoffman-Boston. white supremacy against broth.erhood of m an. Surely it is better for white children, too, to attend inte­ grated schools. How else can By Tony Mason • they learn that democracy is i , StaffReporter for all of us, and that making A unique feature of Arling-j school board to end racial segdemocracy work is' a task lon school integration suit, now,relation in the c o u n t y ’ s which calls for all shoulders to awaiting action by the United ;fc"° ls* ° ' ,. the wheel together? So for the sake of the chil- j States District Court for the in the suit are Barbara ,nv° . » • « « S. M “• « « * - lved arx, dren, both white and colored, District of Eastern Virginia, is 6 9 N Washington blvd.,-and 87 . who are expected to 'learn 7 that both white and Negro chil­ M and M Jack G. Orndorff, ’ democracy in our schools, for dren claim that they have been ofr.5 0 rs. . Spring the sake of the Northern Vif- ' (discriminated against because Mrs.2 0 N isCarlinpresident rd. Marx of ginia community which has al­ Iof the existence of the segre­ the Arlington vice , ‘ NAACP' and the ready made clear its belief in gated school system. such democracy, and for the The suit was filed in the Fed­ Orndorffs are members. rs. sake of our country which is 1 eral Court in Alexandria, May M Marx has filed suit in being challenged by the worlji 1 , by the National Association the name of her daughters, 7 to prove its democracy, thanks for the Advancement of Col- Ann, 8, a third-grade pupil at should go to the courageous Iored People. It named as de- Tuckahoe School; and Claire, 8 white parents and children Ifendants the Arlington'County 1 , a senior at Washington and who have taken a position 'School Board and T. Edward Lee High School. |alongside the Negro petitioners ,[Rutter, Division Superintend­ The Orndorffs filed in the for desegregation. ent of Arlington Count y name of their 6-year-old son, CATHERINE JACOBS. SchbolS. The board has until Eugene, in the first grade at Alexandria,, Barrett School. Both families June. 0 to reply, f .-Plaintiffs include three white stated that they took the action as children who say they are be? ! a matter of principle.” rs. ing discriminated against be­ M Marx is a native Penn­ cause they are unable to attend sylvanian and an Arlington res­ 3 classes with Negroe§ and 1 ident for the past 1 years. She 9 INegro children who say they said segregation imposes [are being discriminated against!artificial barrier” ,unfair to chiljbecause they cannot attend jdren of both races. [schools with white students. . i The Orndorffs said their dei None of the pupils h?ve cision was “ firmly based on our J.sought admittance to a particu- religious beliefs." They told a lar school. Instead, the court is reporter: "We want our child Suit Charges Bias Against White Pupils � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Newspaper article, "Washington Post and Times Herald," June 1, 1956, "Suit Charges Bias Against White Pupils" and Letter to the Editor (newspaper unknown), "Arlington Petitioners". Description An account of the resource Unique feature of Arlington school integration suit "is that both white and Negro children claim they have been discriminated against Letter to the Editor in favor of integration suit. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource "Washington Post and Times Herald" and unknown Date A point or period of time associated with an event in the lifecycle of the resource 1956-06-01 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_3_37 https://projectdaps.org/files/original/d6eee0d6d4f016fe0199ff797df6ed48.pdf 7ac57af8d75c1c5d51daa4d77d4a94b2 PDF Text Text ^ N A T I O N A L E D U C A T I O N A S S O C I A T I O N OF T H E U N I T E D ST A T E S 1 2 0 1 S i x t e e n t h St r e e t , N . W . W a s h i n g t o n 6, D . C . ZOLL, H A T E - M O N G E R , P R O M O T E S N E W R A C K E T A r t i c l e i n N e w Y o r k W o r l d - T e l e g r a m . A u g u s t 25, 19 4 8 B y Frederick Woltman, World-Telegram S t a f f Writer A l l e n Zoll, w h o s e n o w - d e f u n c t A m e r i c a n Patriots, Inc., i s l i s t e d as f a s c i s t a n d s u b v e r s i v e b y A t t o r n e y G e n e r a l T o m C. Clark, is b a c k i n b u s i n e s s w i t h a n e w p r o motion. T o dru m u p support a n d give it a respectable "front," he's exploiting t h e nam e s o f m a n y p r o m i n e n t A m e r i c a n s w h o a r e p r o b a b l y n o t e v e n a w a r e of his existence. H i s n e w e n t e r p r i s e is c a l l e d t h e N a t i o n a l C o u n c i l fo r A m e r i c a n E d u c a t i o n of 42 0 LexiDgton Ave. I t s oste n s i b l e p u r p o s e is t o "eradicat e S o c i a l i s m a n d C o m m u n i s m f r o m t h e s c h ools a n d colleges." B u t Zoll, w h o w a s d e n o u n c e d a s a " v e r y str o n g a n ti-Se m i t e " b y R e p . J. P a r n e l l T h o m a s (R., N.J.) b e f o r e t h e H o u s e U n - A m e r i c a n A c t i v i t i e s -C o m m i t t e e nine y e a r s ago, is k e e p i n g s t r i c t l y o u t o f s i g h t . S o m u c h so, i n fa c t , t h a t Z o l l a p p e a r s o n none of the so-called Council's literature. Instead, i t c a r r i e s s u c h na m e s a s G e n . J o n a t h a n M . W a i n w r i g h t , t h e hero o f C o r re g i dor; G e n e Tunney, for m e r w o r l d h e a v y w e i g h t champion; t h e R e v . D r . H e n r y D a r l i n g t o n a n d S e n . K e n n e t h M c K e l l a r (D.,Tenn.) w h o a r e l i s t e d a s g o v ernors or advisors. T h e r e a r e n o o f f i c e r s . A n d Z o l l c a n r a r e l y b e f o u n d a t t h e L e x i n g t o n Ave . o f f i c e . B u t t h e W o r l d - T e l e g r a m h a s i n d i s p u t a b l e p r o o f t h a t t h e f o r m e r as s o c i a t e o f t h e C h r i s t i a n F r o n t a n d a l l i e d h a t e — m o n g e r i n g m o v e m e n t s i s t h e ori g i n a t o r a n d m a i n s p r i n g of t h e n e w o utfit. A n d his name is l i s t e d a s a t r u s t e e i n t h e i n c o r p o r a t i o n p a p e r s f i l e d last m o n t h i n Paterson, N.J., it w a s d i s c l o s e d t o d a y b y t he F r i e n d s o f D e m o c r a c y , 137 E. 57th St. D r . L H , B i r k h e a d , n a t i o n a l d i r e c t o r o f t h e F r i e n d s o f D e m o c r a c y , a t th e same t i m e h a s s e n t a d o s s i e r of Z o l l ' s b a c k g r o u n d t o a l l th e p e r s o n s w h o s e names a r e being used. " A l t h o u g h t h i s g r o u p w a s f o r m e d for the l a u d a b l e p u r p o s e of eradi c a t i n g C o m m u n i s m f r o m A m e r i c a n s c h ools, " he t o l d them, " w e f e a r i t is sca r c e l y f i t t e d for t h e task," I n 1939 Z oll appea r e d b efore the Se n a t e Judiciary Committee t o oppose the ap p o i n t m e n t of F e l i x F r a n k f u r t e r t o t h e S u p r e m e Court o n t h e g r o u n d s he was J e w i s h . T h i s b r o u g h t d o w n the w r a t h o f t h e l a t e Sen. W i l l i a m E . B o r a h . I t a l s o p u t h i m i n b a d w i t h his f a s c i s t - i n c l i n e d c o w o r k e r s , i n c l u d i n g G e o r g e E . D e a t he r a g e , w h o s e K n i g h t s of t h e W h i t e Camelia u s e d t h e s w a s t i k a as its emblem. T e s t i f y i n g b e f o r e t h e D i e s Comm i t t e e , D u d l e y P. G i l ber t , d e s c r i b e d a s t h e first A m e r i c a n t o e m e r g e i n t h e r o l e o f a p o t e n t i a l dictator, said, " I h a v e r e a s o n to b e l i e v e th a t M r . Z o l l is a c o m p l e t e h u m bug." B e s i d e s the A m e r i c a n Patriots, Inc., Z o l l o r g a n i z e d t h e a i s o - d e f u n c t A m e r i c a n F e d e r a t i o n A g a i n s t Co m m u n i s m . B o t h Carnegie Hall a n d M e c c a Tem p l e i n 1939 b a r r e d t h e t w o o r g a n i z a t i o n s . B u t e l s e w h e r e Z o l l p r e s i d e d a t a r a l l y w h i c h was p u n c t u a t e d b y cries of " T h r o w t h e J e w s out of C h r i s t i a n A m e r i c a i* �H i s l a t e s t p a m p h l e t is e n t i t l e d " H o w R e d A r e t h e S c h o o l s ? ” I t lists s i x m e m b e r s of t h e H o u s e o n t h e a d v i s o r y com m i t t e e s H a r o l d K n u t s o n (R.,Minn.), W i l l i a m L e m k e (R,, N . D ak.), A . L . M i l l e r (R.,Nebr.) A l v i n E . O ' K o n s k i (R.,¥is.), M a x S c h w a b e (R.,Mo.) a n d K a r l S t e f a n ( R , ,Hebr.). Oth e r s l i s t e d i n c l u d e t h e R e v . Dr . E d w a r d L o d g e Curran, R e a r A d m . F. D . Ber r i e n , U.S.N., retired^ S t a n l e y High, f o r m e r S e n . G e r a l d P. By e , D r . G e o r g e B , Cutten, p r e s i d e n t e m e r i t u s o f Colgs.te, a n d R o b e r t 1 . Land, f a r m e r p r e s i d e n t o f t h e Na t i o n a l A s s n , of M a n u f a c t u r e r s . B e f o r e t h e w a r Z o l l w a s i n d i c t e d o n a c h a r g e o f a t t e m p t i n g t o e x t o r t $7 5 0 0 f r o m R a d i o St a t i o n W MCA for calling off a Christian Front p i c k e t line. Th e ind i c t m e n t w a s l a t e r dismissed, D i s t r i c t A t t o r n e y F r a n k S. H o g a n ' s of f i c e sa i d today, b e cause it was felt there was i n s u f ficient proof of g u i l t b e y o n d a reasonable doubt„ I n 1940 t h e M i l i t a r y T r a i n i n g C a m p s A s s n , r e j e c t e d Z o l l ' s a p p l i c a t i o n for m e m b e r s h i p . A s p o k e s m a n s a i d i t w a s a c t i n g a t the r e q u e s t o f A r m y M i l i t a r y I n t e l ligence. — (End of a r t i c l e b y F r e d e r i c k Woltman.) D e a r Friend^ T h e 16-p a g e p a m p h l e t e n t i t l e d " H o w R e d A r e th e Sch o o l s ? " , w i t h t h e subheading, " H o w Y o u C a n H e l p E r a d i c a t e S o c i a l i s m a n d C a a m t m i g m f r o m t h e S c h o o l s a n d Colleges o f A m e r i c a " , is b e i n g q u i t e w i d e l y c i r c u l a t e d . T h i s p a m p h l e t consist s l a r g e l y o f a l l e g a t i o n s a n d f a l s e s t a t e m e n t s quoted f r o m various "super-patriotic" groups a n d fro m penny-pinching, t a x - f i g h t i n g gro u p s th a t a r e m o r e i n t e r e s t e d i n t h e i r d o l l a r s t h a n t h e y a r e i n t h e w e l f a r e o f c h i l d r e n a n d p e o p l e . T h e p a m p h l e t has m a n y f a l s e s t a t e m e n ts a s t o t h e r a d i c a l vi e w s t o be f o u n d a m o n g teachers — p a r t i c u l a r l y t e a c h e r s * o r g a n i z a t i o n s . T h e a c c u r a c y of the pamphlet can be fairly w e l l judged b y the a s s e r t i o n that "most of the org a n i z a t i o n s of t e a c h e r s a r e c o m p l e t e l y c o n t r o l l e d b y r a d i c a l propagandists R e s p e c t f u l l y submitted, Willard E . Givens Executive Secretary National E d u c a t i o n Assoc i a t i o n � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoll, Hate-Monger, Promotes New Racket, National Education Association of the United States Description An account of the resource Document printed by the National Education Association of the United States containing an article written by Frederick Woltman in the New York World - Telegram, August 25, 1948, and a letter written by Willard E. Givens, Executive Secretary of the National Education Association. Article and letter focus on Allen Zoll, stating his involvement in fascist and anti-Semitic propaganda against several republicans and educators. 2 pages Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource National Education Association of the United States 1948-08-25 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1940s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_11 https://projectdaps.org/files/original/1fbc7eb320dd132c4550e56c6b63cf98.pdf a2235f1cbf54e1d2fcac029b9b07adbb PDF Text Text The Baltimore CountyPublic Schools i T o w so n 4, M a r y l a n d October 5, 1948 To A ll Citizens: W e submit to you, for your thoughtful con- ■ sideration, six important questions involving the general welfare of the children of our com munity. Unprecedented enrollments last year, and again this year, indicate the gravity of the situation in Baltimore County. If additional housing space for the elementary school pupils is not provided in the next few years, we may have to look forw ard to curtailed services and serious overcrowding of our classes in the pri m ary grade field. Our Board of Education is planning to meet the problem through both emergency and long-range planning. The expedients we are now using are both expensive and undesirable. W e invite you to study the information contained in this pamphlet, and to take an active part in bringing about the action necessary to assure that our boys and girls will be properly and adequately housed. Sincerely yours, President Board of Education of Baltimore County ' *** ** Acting Superintendent Board of Education of Baltimore County �Six Important Questions 1. Is there a "housing shortage” in Baltimore County Schools? A t present there are 1,100 children in Baltimore County who are .attend ing school for only one-half session each day and over 2,000 who are housed in churches, community buildings or in sub-standard classrooms. This condition exists even though the regular classrooms are crowded beyond capacity with pupils. 2. What are some of the ill effects of this lack of adequate classrooms? Sub-standard classrooms are hazardous, detrimental to health, and do not provide the proper tools for the best learning. When teachers and pupils try to work under poor lighting conditions, with inadequate heat and ventilation or in buildings where fire hazards exist, results can not be up to standard. Overcrowded classes make it impossible for the teacher to give each child the help he needs and deserves. Children who attend school on the double-session plan receive less than the regular amount of instruction. P art of each day they spend at home or in the community, often without any profitable plan for using their time. It would be difficult to measure the ill effects that these conditions have upon the lives of the boys and girls who must use such inadequate classrooms. 3. Why do we have this "housing shortage”? a. The population of Baltimore County has grown at the rate of about 10,000 people per year for the last six years. This is due to a higher number of births and increased migration of families into Baltimore County, both from Baltimore City and from other areas outside the county. As a result, school enrollments have increased tremendously. b. Due to shortages and restrictions placed upon materials during the �war years there was little school construction and the effects of this lag are now being felt. c. In addition, the “holding power” of the schools has increased be cause more people are interested in gaining a better education. We now provide a 12-year program instead of 11 years. Improved curriculum offer ings are keeping boys and girls in school in larger numbers and for a longer period. This means that more classrooms are needed. 4. W ill this “housing shortage” in schools continue? According to recent surveys the school population will climb from the pre sent enrollment of 33,000 to 53,000 by 1953, an increase of about 20,000 children. Expressed in terms of more classrooms needed, this means 600 additional classrooms or 25 new schools of 24 classrooms each. In the six years between 1936 and 1942 there were 15,633 babies born in Baltimore County, while between 1942 and 1948 there were 33,376 babies born in Baltimore County. This “bumper crop” of babies is now beginning to enter our schools. How and where they will be accommodated is the problem that school officials face. 5. H ow does the Board of Education plan to meet these needs? With school buildings already over-flowing, with the need for reducing the size of classes, and with the rapidly rising enrollments, our Board of Edu cation is confronted with the task of expanding the school facilities to meet growing requirements. Already 17 buildings have been improved, expanded or newly constructed. New schools at Towson, Stemmers Run, and Milford Mills Road are nearing completion. Plans are under way for the purchase of sites and the construction of new schools in the Gray Manor, Mars Estates, 15th District, Rodgers Forge and �Catonsville areas, plus additions at Loch Raven, Arbutus, and Stoneleigh. These schools are classified as urgently needed. Other schools will soon be needed in the areas of Woodlawn, Kingsville, North Point, Lochearn and Timonium. Since it takes approximately three years from the date that plans are started until a school is ready for occupancy, the school officials and the citizens of the county must plan and act courageously now or many of our children, in the immediate future, will be denied the right of receiving the educational opportun ities to which they are entitled. 6. What can you as a citizen do to assure that adequate school facilities will be provided for the children of Baltimore County? The urgent need for the expansion and improvement of existing schools plus the construction of new schools is already evident in many communities. In other areas community growth is rapidly approaching the point where present school facilities can not meet the needs. As a citizen you should be aware of these shortages. a. Become informed of both local community school needs and the needs of the other sections of the county. b. Through your active interest in the Parent Teacher Association and other civic groups you can help inform others. c. You can insist upon an adequate educational program for your child ren and for all children of Baltimore County. d. Finally you can support plans for financing the expansion and im provement of school facilities in Baltimore County. Your Board of Edu cation will submit its financial proposals to the proper government officials this fall and their decisions will depend largely upon the active interest and desires of the citizens of our county. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Baltimore County Public Schools, "Housing Shortage" Pamphlet, October 5, 1948 Description An account of the resource Pamphlet produced by the Baltimore County Public Schools regarding school over crowding. 4 pages Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Baltimore County Public Schools 1948-10-05 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1940s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_13 https://projectdaps.org/files/original/058c5cdc30703bc52e83c6464426a1e7.pdf c70618b33877f7c7bd39ef185fc4758a PDF Text Text �BOARD OF M ANAGERS O fficers President— Mr. George B. Zehmer, Box 1487, University Station. Charlottesville. First Vice-President— Mrs. Hunter Barrow, Dinwiddie. Secretary— Mrs. Louis Spilman, Waynesboro. Treasurer— Mrs. R. B. Jennings, 1015 South Jefferson Street, Roanoke. Historian— Mrs. Berry D. Willis, 423 Westover Avenue, Norfolk. R eg io n a l V ice-P resid en ts Piedmont— Mrs. Lucy G. Bussey, 2538 Wilson Boulevard, Arlington. Southside— Mrs. William Page Williams, Brookneal. Southwest— Mrs. Walter E. Crockett, 339 Moore Street, Bristol. Tidewater— Mrs. Edwin E. Brockley, Hampton Roads Avenue, Hampton. Valley— Mrs. B. Wilson Eskridge, 415 T hom rose Avenue, Staunton. State C o m m ittee C hairm en Adult Education— Mr. R. O. Bagby, School Board Office, Roanoke. Art— Mrs. C. E. Barfield, 2501 Parrish Avenue, Newport News. Audio-Visual Education— Mrs. J. Rodney Clark, 1031 Langhorne Road, Lynchburg. Budget— Mr. Fred O. Wygal, State Board of Education. Richmond. Character and Spiritual Education— Mrs. V. F. Wilkerson, 720 Lee Street, Danville. Congress and State Publications— Miss Ethel Nash, Fredericksburg. Cooperation with Colleges— Mr. H. I. Willett, School Board Offices, Richmond. Exceptional Child— Miss Jane Stoddard, State Department of Education, Richmond. Founders Day— Mrs. A. T . Wise, Belle Haven. Health— Dr. Mildred Scott. 3303 Mary Ave., Baltimore, Md. High School Service— Mr. C. K. Holsinger, Henrico School Board. Richmond. Home and Family Life— Mrs. C. M. Evans. Forksville. W orld Citzenship— Dr. J. L. Blair Buck. State Office Building, Richmond. Juvenile Protection— Mrs. C. K. Hall, North Tazewell. Legislation— Mr. Rhoderic L. Lacy, Halifax. Mental Hygiene— Dr. Faith Gordon, Hollins College, Hollins. Music— Mrs. John J. Pohl, 121 35th Street, Newport News. N utrition and School Lunch— Mrs. E. G. M id dleton, 2942 Amherst Street, Norfolk. Parent Education— Dr. Marie Alexander, Ham p ton. Preschool Service— Mrs. Nathan J. Levy. 5209 Huntington Avenue, Newport News. Procedure and By-Laws— Mrs. James A. Rich ardson, 2411 Barton Avenue. Richmond. Radio— Mrs. Irving L. Matthews. 17 North Stafford Avenue. Richmond. Reading and l.ibraru Service— Mrs. H. O. Brown. 405 22nd Street, Virginia Beach. Recreation— Mrs. James M. Strickland. 3000 Lee Highway. Box 101. Arlington. 2 Rural Service— Mrs. Leslie Fox Keyset, Front Royal. Safety— Mrs. James Osborne, Bristol. School Education— Mr. D. C. Beery, Norfolk City School Board. Norfolk. Social Hygiene— Dr. Raymond Kimbrough. Medical College of Virginia, Richmond. Summer Round-U p— Mrs. A. Z. Gardiner, Mc Lean. SCA — Mr. Russell B. Gill, Petersburg. D istrict C hairm en Chesapeake— Mrs. Catharine W. Pape, 7108 Park Drive, Newport News. Clinch Valley— Mr. T . K. Sutherland, Dante. Danville— Mrs. O. H. Gregory, Martinsville. Eastern Shore— Rev. J. C. Weaver, Oak Hall. Farmville— Mr. Ralph A. Racer, Arvonia. Fredericksburg— Mrs. Walter N. Chinn, Jr., 303 George Street, Fredericksburg. Holston— Mrs. Joseph B. Van Pelt, Bristol. Lynchburg— Mrs. Fred Helsabeck, 106 Yeardley Ave., Lynchburg. Natural Bridge— Mr. C. Harold Lauck, Lex ington. Natural Tunnel— Mrs. B. K. Barker. Gate City. New River— Rev. S. M. Query, Hillsville. Northern Virginia— Mrs. G. A. Justusson, RFD 1, Annandale. Piedmont— Mr. J. deKoven Bowen, Route 2. Charlottesville. Rappahannock Valley— Mr. J. G. Pollard. Jr., Somers. Richmond— Mrs. Earl Moreland. Ashland. Roanoke— Mrs. R. T . Pickett, Jr., 2615 Long view Ave., Roanoke. Shenandoah— Mr. James S. Duff, Front Royal. Southside— Mrs. J. H. Lavenstein, 1584 Westover, Petersburg. Staunton River— Mrs. Clarence B. Robertson. RFD 1, Chase City. Tidewater— Mrs. J. R. Newborn. Route 3. Box 245, Norfolk. Executive Committee— Mr. George B. Zehmer. Mrs. Hunter Barrow. Mrs. Louis Spilman. Mrs. R. B. Jennings. Mrs. Berry D. Willis. Mrs. Lucy G. Bussev. Mrs. William Page Williams. Mrs. Walter E. Crockett. Mrs. Edwin E. Brockley. Mrs. B. Wilson Eskridge. Mr. Russell B. Gill. . Mr. Fred O. Wvgal. Mrs. Catharine W. Pape Budget Committee— Mr. Fred Wygal. Mrs. R. B. Jennings. Mr. George B. Zehmer. Mr. Russell B. Gill. S tate O ffice S taff Dr. Abner Robertson. Executive Director. Miss M. Frieda Koontz. SC A Executive Sec retary. Mrs. Mary B. Felger. Office Secretary. Mrs. Bessie V. Richter. Bookkeeper. Mrs. Katherine B. Thomas. Clerk. TH E VIRGINIA BU LLETIN S c h o o l B u ild in g N e ed s in V irgin ia O n M a rc h 10 the State President sent a p p ro x im a te ly 7 0 0 questionnaires to local u n its in V ir g in ia requesting in fo rm a tio n re gardin g th e ir school b u ild in g needs and the ac tio n taken b y the local u n it to discover and meet these needs. A s the V ir g in ia B u lle tin goes to press o n ly 108 que stionnaires repre sentin g 57 School D iv is io n s have been retu rne d. E ig h ty local u n its re p o rt th a t th e y have had m eetings to discuss the school needs. N ineteen local u n its o u t o f the 108 re p o rt th e ir school b u ild in g needs as "desperate.” T h i r t y seven re p o rt them as " b a d ,” t h ir t y three as " f a i r ” and nine as " g o o d .” O n ly fo rty -o n e reported action taken in an a tte m p t to meet th e ir needs. T h e ac tio n s taken varied g re a tly . T he fo l lo w in g excerpts fro m the replys w i l l give an in d ic a tio n o f the v a rio u s shapes the school p ro b le m takes and the v a rie ty o f approaches to its s o lu tio n : T h e P T A w it h the C h a m b e r o f Com m erce m ade every e ffo rt to get the consolidated school started o r a d e fi nite date set w h en we m ig h t expect to have i t in use. A f te r m a n y discussions it was decided th a t n o w was n o tim e to b u ild so the P T A w e n t to * w o rk on w h a t was already in use. « * • * Some discussion o f c u r school needs has been b ro u g h t u p at alm ost every regular m eeting o f the P T A . The R o ta ry C lu b , L io n ’s C lu b and the P T A have com m ittees designed to consider the m a tte r w it h a v ie w to g e ttin g su p p o r t fo r a b o n d issue, the proceeds o f w h ic h w o u ld be used solely fo r school im provem ents. N o th in g defin ite in the w a y o f action has been taken b u t I can assure yo u th a t in terest is alive and we hope to get some results. T h e C o u n ty School B o a rd and D i v i sion S u perin te n d e n t o f Schools together w ith the h ig h school p rin c ip a ls and la y leaders have made a survey o f the school b u ild in g needs o f th is d iv is io n and have s u b m itte d a re p o rt to the State B o a rd o f E d u c a tio n . O u r schools are v e ry m uch overcrow de d a t the APRIL. 1949 present tim e and o u r b u ild in g needs are urg e n t. T h e y o u th o f th is c o u n ty are s u ffe rin g fro m la ck o f adequate school h o u s in g and p ro p e r in d iv id u a l a tte n tio n fro m teachers due to the o v e r crow de d class room s. I t w o u ld seem th a t relief, i f w e are to have a n y , m ust come th ro u g h state aid, o r p o ssib ly federal aid fo r b u ild in g purposes. T h e school b u ild in g s itu a tio n has been d is cussed at some o f o u r P T A m eetings th is school year b u t no defin ite action has been taken b y the o rg a n iz a tio n . A le tte r was sent the G o v e rn o r u r g in g the special session o f the G eneral A sse m bly to m ake availab le means fo r school im p ro v e m e n t. R e s o lu tio n s were sent th ro u g h the D iv is io n S u p e rin te n d en t to the State B o a rd o f E d u ca tio n expressing needs and a p p ro va l o f the sales ta x i f it is necessary. A citize ns com m ittee was fo rm e d to present plans to the School B o a rd and the B o a rd o f Supervisors. V a rio u s c ivic o rg a n iz a tio n s were discussing the school s itu a tio n . T h e P T A sponsored a m eeting o f interested citize ns at the C o u rt House. I t was decided to fo rm a com m ittee c o nsisting o f the three P T A Presidents in the c o u n ty w it h a local m an as C h a irm a n and fo u r colored patrons. T h e purpose was to f o r m u late plans fo r the c o u n ty schools and to present them to the School B o ard . A t present te n ta tiv e a p p ro v a l o f a b o n d issue has been given b y the B o a rd o f Supervisors. a > ;- 1 - T h e f o llo w in g m o tio n was approved b y the E xe cutive C o m m itte e and b y the members a tte n d in g the reg u la r m eet in g o f o u r P T A o n J a n u a ry 1 1, 1 9 4 9 : T h e m o tio n was made and carried th a t we send a le tte r requesting the G o v e rn o r to call a special session o f the state le gislatu re f o r the purpose o f in q u ir in g in to the need o f a d d itio n a l schools in the state and the p o s s ib ility o f state a c tio n to meet th is need. « * • O u r school is n o t as b a d ly crow de d as some because p o p u la tio n g r o w th ii) 3 �the area has been recent and the new fa m ilie s m o s tly have n o c h ild re n o f school age. T h e y do have preschool ch ild re n w h o w i l l be o f school age before we can get c o n s tru c tio n un d e r w a y. * * * * T h u s fa r we are in the stage o f ac q u a in tin g p a tro n s w it h present c o n d i tio n s and s tu d y in g a survey o f the fiscal p la n t o f the c o u n ty schools m ade b y three q u a lifie d persons. T h is survey makes recom m endations to im p ro v e c o n d itio n s in v o lv in g a ten year b u ild in g p ro g ra m . A t the m eeting w ith the C h am b er o f C om m erce a condensation o f th is survey was read and discussed b u t n o defin ite resolu tions were made. * * * * T h e c o n d itio n o f o u r school was the subject o f in v e s tig a tio n and the chief concern o f the P T A d u rin g the 19 4 7 48 session. A com m ittee was a pp ointed to survey the school and several recom m en d a tio n s were made. T h e o n ly im p o r ta n t im p ro ve m e n ts f o llo w in g the w o rk o f the com m ittee were the in s ta l la tio n o f n e w lig h ts in a m a jo r ity o f the room s, and the p a in tin g o f the outside o f the b u ild in g . Inside p a in t in g and repairs have been prom ised as fu n d s become available. * * * * A . B o n d issue considered: believed im possible to get. B. Sales ta x fo r schools th o u g h t to be excellent s o lu tio n . C . Federal aid th o u g h t advisable o n ly w ith no federal supervision in terference o r in tro v e n tio n . D . L oca l school needs a b u ild in g w h ic h it is estim ated w i ll cost one m illio n dolla rs. O n ly a m in o r it y o f the p u b lic favors any ta x fo r school im p ro v e m e n t. M a jo r it y o f the p u b lic is n o t in fa v o r o f b u ild in g n o w . . . they s im p ly aren’t school conscious. I t is a d iscouragin g state o f a f fairs. * * * * A state sales ta x was approved b y the P T A C o u n c il b u t m ost people d e fin ite ly were opposed to it. A tw o m illio n d o lla r b o n d issue was discussed b u t the same a ttitu d e prevailed as i t was feared taxes w o u ld be to o h ig h . * * * * I t w as proposed th a t we w r ite 4 in - d iv id u a lly to o u r representatives and state o u r needs. W e considered o u r school s itu a tio n bad u n t il i t was b ro u g h t o u t in a panel discussion th a t ours is one o f the best equipped and least c row de d schools in the c o u n ty . * * * W h a t’s H a p p en in g in V ir g in ia P T A ’s * N o mass m eeting has been held. H o w e v e r, b u ild in g needs were discussed in fre q u e n t m eetings o f the P T A E x ecutive B o a rd . O u t o f these discussions we d ra fte d recom m en dations to the D iv is io n S u perintenden t and School B o a rd concerning school b u ild in g needs in o u r c ity . These recom m endations have been in corp ora ted in im m edia te and lo n g range plans o f the S u p e rin tendent and School B o a rd . These plans have been fo rw a rd e d to the State D e p a rtm e n t o f E d u c a tio n and a p p lic a tio n m ade fo r a lo an fro m the L ite ra ry F u n d . U p o n request b y the School B o a rd fo r b u ild in g fu n d s fro m the c ity the C ity C o u n c il passed a measure increasing the ta x rate to p ro v id e for, perm anent school im p ro ve m e n ts. * * * * 1. 2. T h e needs o f o u r school were presented b y a com m ittee to the School B oard. A n active cam paign was co n ducted to w a rd the successful passing o f the b o n d issue. * * * * O u r P T A cooperated w ith C e n tra l C o u n f il o f P T A ’s in a p la n designed to v is it each fre e -h o ld e r qu a lifie d to vote to fin d o u t i f th e y were favorable to the b o n d issue. Each free -ho lder was given a brochure e x p la in in g the need fo r a b o n d issue f o r school im provem ents at th is tim e. W e d id n o t take an y ac tio n because o u r P rin c ip a l and S u p e rin te n d e n t advised us th a t the School B o a rd had taken the necessary actions. * * * * W e passed a re s o lu tio n u rg in g o u r representatives in the General A sse m bly to call themselves in to special session to consider: 1. T h e tra n s fe r o f su rp lu s fu n d s in the State T re a s u ry in to the L i t erary F u n d o r some o th e r special fu n d so th a t they w o u ld be a v a il able im m e d ia te ly f o r school co n s tru c tio n , and (Continued on page 12) T H E VIRGINIA BU LLETIN Left to right: Mrs. T o m Galloway, President; Mr. H. H. McKann, Principal; Mrs. John Bruce, Membership Chairman; Abner Robertson, Executive Director. T h e m ost e x c itin g h a p penin g am ong V ir g in ia P T A ’s came on M a rc h 15 w hen the L ak esid e E lem en ta ry PTA achieved 100 per cent m em bership. M rs . T o m G a llo w a y , P T A President, a n nounced th a t every m o th e r, every fa th e r and every teacher o f every c h ild in the school had become a m em ber. M rs. G a llo w a y says th a t th is great achieve m ent was accom plished b y creating and m a in ta in in g interest on the p a rt o f every teacher and every c h ild . T h e P T A adopted as its them e “ G iv in g the C h ild re n o f Lakeside E x p e ri ence” . A t the b e g in n in g o f the school year the c h ild re n in each room d re w a large tree representing “ S p rin g ” w h ic h was placed in a p ro m in e n t p o s itio n in the ro o m . T h e tree had no leaves b u t each tim e a m o th e r o r fa th e r jo in e d the P T A a le af was added. T h e ch ild re n became m ore and m ore interested as they saw the leaves being added and there was great excitem ent o n the m o rn in g w hen APRIL. 1949 the firs t tree was in f u ll leaf w i t h 100 per cent m em bership o f parents. M rs . Lou ise Belcher, teacher o f the 6 th grade, had the firs t 100 per cent ro o m and the n e x t da y M iss B e tty Lee R enn and the 3 rd grade reached 100 per cent. T h e fa c u lty had its o w n tree and it to o atta in e d f u ll leaf. W h e n th e last tree secured a ll its leaves the R i c h m o n d T i m e s - D i s p a t c h sent a p h o to g ra p h e r th a t i t m ig h t p u b lis h a p h o to g ra p h o f the P resident, M rs . T o m G a llo w a y : M e m b e rsh ip C h a irm a n , M rs . John Bruce: and the P rin c ip a l, M r . H . H . M c K a n n , as th e y announced th a t th e ir goal had been reached. I n a d d itio n to th is and o th e r achieve m ents o f the Lakeside P T A M rs . G a llo w a y reports th a t the P T A has p a id tw o th ird s o f the cost o f a S te in w a y G ra n d p ia n o fo r th e ir new a u d ito riu m in o r der to supp lem ent th e a m o u n t th a t could be c o n trib u te d b y the School B o a rd . 1 (Continued on page 12) 5 �The Virginia Bulletin Published monthly, except July and August, at Richmond, Va., by the Cooperative Education Association, Virginia Branch of the National Congress of Parents and Teachers, in the interest of the work of the Community Leagues, Parent-Teacher Associations, and Student Cooperative Associations in this State. Subscription price: 50 cents a year. Address all communications to D r. ABNER ROBERTSON, Executive Director, The Cooperative Education Association, 16J^ N. 9th Street, Richmond 19, Va. Entered as second-class matter from March 19, 1918, at the postoffice at Richmond. Va., under the Act of March 3. 1879. Acceptance for mailing at special rate of postage provided for in Section 1103, Act of October 3, 1917, authorized on July 5, 1918. VOL. 32 A PR IL , 1949 Number 8 A MESSAGE TO PARENTS If P o lio H its Y ou r A rea T h is Y ear A v o i d c r o w d s a n d n e w c o n t a c t s in tra in s , buses o r boats, i f possible; a void crow de d places w here y o u m a y be close to a n o th e r’ s b reath o r cough. o v e r - f a t i g u e , to o active p la y , late ho u rs, w o r r y , irre g u la r liv in g sched ules m a y in v ite a m ore serious fo rm o f the disease. A v o i d s w i m m i n g in w a te r w h ic h has n o t been declared s a fe b y y o u r h ea lth d ep artm ent. A v o i d c h illin g . T a k e o ff w e t clothes and shoes a t once. Keep d r y shoes, sweaters, blankets and coats h a n d y f o r sudden w e a th e r changes. K e e p c le a n . W a sh hands a fte r g o in g to to ile t and before eating. Keep fo o d covered and free fro m flies and o th e r insects. B u rn o r b u r y garbage n o t t ig h t ly covered. A v o id u s in g a n o th e r’s pen c il, han d ke rch ie f, ute n s il o r fo o d touched b y soiled hands. A v o id Q u ick A ction M ay P r ev en t C rip p lin g C a l l Y o u r D o c t o r at once i f there are s y m p to m s o f headache, nausea, upset stom ach, muscle soreness o r stiffness, o r u n e x p la in e d fever. T a k e H i s A d v i c e i f he orders h o s p ita l care; e a rly diagnosis and p ro m p t tre a t m e n t are im p o r ta n t and m a y pre ve n t c rip p lin g . C o n s u l t Y o u r C h a p t e r o f t h e N a t i o n a l F o u n d a t i o n f o r I n f a n t i l e P a r a l y s i s fo r help. Y o u r C h a p te r (see lo ca l telephone b o o k o r h e a lth d e p a rtm e n t fo r address) is prepared to p a y th a t p a rt o f the cost o f care and tre a tm e n t you c a n n o t meet— in c lu d in g tra n s p o rta tio n , after-care and such aids as wheel chairs, braces and o th e r o rth o p e d ic e q u ip m e n t. T h is service is made pos sible b y the M a rc h o f D im es. R e m e m b e r , fa c ts fig h t fea rs. H a lf o r m ore o f those h a v in g the disease s h o w n o after-effects; a n o th e r f o u r th recover w ith v e ry s lig h t c rip p lin g . A h a p p y state o f m in d tends to w a rd h e a lth and recovery. D o n ’t le t y o u r a n x ie ty o r fear reach y o u r ch ild re n . Y o u r confidence makes th in g s easier fo r you and f o r others. — C u t o u t and keep fo r reference — T h e 1 9 4 9 State C on ven tio n o f th e C o o p era tiv e E d u cation A ssociation w ill b e h eld in R ich m o n d . M onday, 6 T u esd ay an d W ed n esd ay, O ctober 3 1 , Novem!>er 1 and 2 . T h e h ead q u a rters h o te l w ill h e th e H o te l Jefferson . THE VIRGINIA BULLETIN N a tio n a l M u sic W eek M a y 1-8 T . E. R ivers, S e c r e t a r y N a tio n a l a n d I n te r - A m e r ic a n M u s ic W e e k C o m m itte e T h e m e — M u s ic S trengthens F rie n d ly T ie s o f In d iv id u a ls , G rou ps, N a tio n s W it h its 2 5 th observance passed in to h is to ry last S p rin g , N A T IO N A L M U S I C W E E K starts w ith a new im petus its second q u a rte r c e n tu ry o f e x te n d in g one o f m a n 's greatest blessings — M U S IC . M u c h has been learned in these firs t t w o and a h a lf decades a b o u t the use o f th is ann u a l seven day pe rio d as an occasion to p ro m o te the cause o f m usic th ro u g h o u t the year. Each year some 3 ,0 0 0 cities, to w n s and sm aller co m m u n itie s have taken advantage o f the a n n u a l observance to p ro v id e o p p o rtu n ity fo r y o u n g ta le n t, to establish o r im p ro v e some m usical service o r asset, and to m ake m ore w id e spread the e n jo y m e n t o f good m usic and appreciative lis te n in g . S pecifically, the objectives o fte n arc expa nsion o f m usic in the schools, churches and recreation centers: estab lis h m e n t o f c ity - w id e p rogram s o f c o m m u n ity m usic: erection o f b a n d shells: e m p lo y m e n t o f a m u n ic ip a l m usic d i recto r: in it ia t io n o f a concert series. O r the e ffo rt m a y be to w a rd m ore m odest achievem ents, such as the o r g a n iz a tio n o f a record le n d in g lib r a r y ; e q u ip m e n t f o r a school ensemble: m u sical e n te rta in m e n t fo r veterans’ ho s p ita ls and o th e r in s titu tio n s . B u t w h a te v e r the purpose o r p u r poses o f the local observance, there has a lm o s t a lw a y s been beh in d i t a fu rth e r reaching aim — t o m a k e t h e p u b l i c m o r e c o n s c io u s o f th e v a lu e o f m u s ic to th e c o m m u n ity a n d to th e in d iv id u a l c iti z e n . a n d t o a id th e p ro g re ss o f m u s ic a l e d u c a tio n f o r y o u n g p e o p le a n d a d u lts . T h e m ore d ra m a tic special features em phasized h e lp en lis t in terest and su p p o rt, b u t th e y are m ost beneficial w h en seen in a larger prospective, ju s t as the seven-day pe rio d o f M u sic W eek its e lf s h o u ld be a s tim u lu s and aid to m usical deve lopm ent fo r the balance o f the 52 weeks w h ic h f o llo w it. A s d is tin c tiv e o f M u sic W eek as its APRIL. 1949 c u ltu ra l n ature is its social nature. It has been g r a tify in g to observe the ad vances in b o th dire ctio n s w h ic h have taken place o ver the years. A s a social force, M u s ic W eek is e x e rtin g its in fluence b y d ra w in g closer together civic, edu cational, re lig io u s and y o u th groups, as w e ll as m usical groups, th ro u g h th e ir co m m o n in terest in m usic and in w h a t it can do fo r th e ir members and fo r the c o m m u n ity . T h e re are o fte n m a n y types o f o rg a n iz a tio n s p a rtic ip a tin g in a c o m m u n ity n ig h t p ro g ra m , o r a co n cert o r less fo rm a l m usical e n te rta in m e n t fo r the benefit o f a lo cal, state or n a tio n a l cause. W h e th e r events fo r the observance are free o r have an adm ission charge, there s h o u ld be connected w it h them s o m e th in g o f the cooperative s p irit and the a ltru is tic m o tiv e , in rec o g n itio n , as i t were, o f the p o w e r o f m usic to heal and to h a rm o n ize , and to create an atm osphere o f friendliness and good w ill. A V o lu n ta ry and S p o n ta n eo u s O b servan ce T h e purpose o f the C e n tra l C o m m ittee is to suggest, advise, and p ro v id e a clearance fo r in fo r m a tio n and expe rience between local M u s ic W eek C o m m ittees and in d iv id u a l w o rkers, o n the one h an d, and n a tio n a l, state and local p a rtic ip a tin g o rg a n iz a tio n s on the other. T h is , to o , is a d is tin c tiv e feature o f N a tio n a l M u s ic W eek, se ttin g i t apa rt fro m a ll the com m ercial weeks, and even m a n y weeks fo r p ro m o tin g specific ideas o r in s titu tio n s . E ve ryon e desirous o f ta k in g p a rt and u t iliz in g the observance as a bac k g ro u n d against w h ic h to do s o m e th in g on be h a lf o f “ the m o st dem ocratic o f a ll the a rts ,’ ’ o r o n b e h a lf o f m usic education, is encouraged to do so, and w i l l be as sisted b y the C o m m itte e w ith in fo r m a tio n , suggestions and m ore specific a d vice w h en possible. B u t M u sic W eek has a lw a y s been, and we believe w i l l re m a in , a p u re ly v o l u n t a r y and s p o n t a n e o u s d e m o n s tra tio n b y the frie n d s o f m usic, to h e lp the frie n d s o f m usic in spreading m ore w id e ly the e n jo y m e n t o f m usic and the app re c ia tio n o f, its c o n tr ib u tio n to A m e rica n life . T fh e C o m m itte e makes suggestions as to the le adin g fo rm s o f p a rtic ip a tio n b y o r(Continued on page 11) �Statement From United States Commissioner of Education D r . E a r l J. M c G r a t h I n assum ing the office o f C o m m is sioner o f E d u c a tio n I am deeply c o n scious o f the heavy re sp o n sib ilitie s and the e xactin g duties w h ic h th is a p p o in t m e n t in vo lve s. I am n o less aw are o f the great o p p o rtu n itie s w h ic h i t offers f o r c o n stru ctive leadership in educa tio n a t a ll levels. T h is is especially true at th is p o in t in A m e rica n h is to r y wrhen the Federal G o v e rn m e n t is being called upo n to p la y a m uch la rge r ro le in ed uca tio n th a n it has h ith e rto . F ro m the b e g in n in g , th is n a tio n has been one .of o p p o rtu n ity fo r those w h o came fro m o th e r shores, and fo r the succeeding generations b o rn in th is la n d . I t has been the v ie w o f the large m a jo r ity o f A m erican s th a t a ll c h ild re n , regardless o f th e ir o rig in s o r social status, s h o u ld have the chance to develop th e ir a b ilitie s to the fu lle s t. T o d o so, ho w e v e r, th e y m u s t have equal o p p o r tu n ity fo r education. B u t the ideal o f equal e du cational o p p o r tu n ity has n o t been realized. D i f ferences in the vario u s c o m m u n itie s o f the n a tio n in the a b ility to produce w e a lth , and differences in fa m ily status and incom e, close the d o o r o f the school house to m a n y c h ild re n before th e y have th e chance to develop th e ir m in d s , th e ir bodies, and th e ir s p irits to the level o f th e ir n a tu ra l en d o w m e n ts . I f i t ever co u ld do so, th is great dem ocratic n a tio n can n o lo n g e r a ffo rd the e v il consequences o f widespread e du cational p riv a tio n . I am th in k in g here n o t o n ly o f the personal in ju s tic e in v o lv e d w h e n a b o y fa ils to realize his a m b itio n s in life be cause parents c a n n o t a ffo rd th e neces sary edu cation. T h is is, to be sure, an u n h a p p y and u n ju s t state o f affairs fo r the in d iv id u a l. B u t I am e q u a lly c o n cerned a b o u t the serious social waste in v o lv e d . A dem ocratic n a tio n needs S ta te m e n t m ade a t his induction ns C ommissioner o f E ducation, F ed eral S ecurity Agency. M arch 18. 1949, 12:00 p.m . EST. F ederal S ecurity Building. W ashington, D. C. to develop its h u m a n resources no less th a n its n a tu ra l resources. T h is is chiefly the task o f the schools. But i f they are to discharge th e ir respon s ib ilitie s f u ll y the States m u s t be helped fin a n c ia lly b y the Federal G ov e rn m e n t. T h e P resident o f the U n ite d States, re c o g n iz in g th is need fo r Federal aid to edu cation, said in his recent budget re p o rt to the Congress th a t . . . . “ A lth o u g h th e Federal G o v e rn m e n t is engaged in th is broad range o f educa tio n a l a c tiv itie s , w e are n o t yet assuring a ll the c h ild re n o f o u r N a tio n the o p p o r t u n it y o f receiving the basic educa tio n w h ic h is essential to a s tro n g dem ocracy. . . . M a n y States are fin d in g i t d iffic u lt, even w it h h ig h ta x rates, to p a y adequate salaries o r to take o th e r corrective measures. I t is therefore u rg e n t th a t the Congress enact le g is la tio n to p ro v id e gra n ts to the States in s u p p o rt o f a basic m in im u m p ro g ra m o f elem en ta ry and secondary edu cation f o r a ll o u r c h ild re n and y o u th .” I t has become the fa s h io n to speak o f the crisis in edu cation. So m a n y o f us use the phrase th a t I am a fra id i t is lo s in g its m eaning. Nevertheless, I can n o t le t th is o p p o rtu n ity pass w ith o u t re fe rrin g to it again. I feel i t m y d u ty to w a rn the people o f the U n ite d States o f A m e ric a th a t bad as the crisis is t o day, it w i l l be m a n y tim es as bad in five years unless the N a tio n acts v ig o ro u s ly . W e are n o w in a p o s itio n in the U n ite d States where we c ann ot even m a in ta in o u r present edu cational a d vantages. W e are in the p o s itio n where we can o n ly go b a ckw a rd unless we go fo rw a rd . W e can o n ly go fo rw a rd w it h the a id o f Federal su p p o rt. Some w i l l say th a t Federal aid w i l l lead to Federal d o m in a tio n and result in Federal c o n tro l o f the th in k in g o f o u r citizens. I d en y th is . T h e t r a d i tio n o f local c o n tro l o f education is f ir m ly established in A m erica. I believe in it. I have no fear th a t the people T H E VIRG INIA B U LLETIN o f the la n d w o u ld ever let i t be de stroye d. I f there is an y th re a t to local in it ia tiv e and re s p o n s ib ility , i t is n o t fro m a grasping Federal G o v e rn m e n t. I t comes fro m the increasing d e te rio ra tio n o f o u r edu cational system its e lf, th ro u g h fin a n c ia l s ta rv a tio n . W e w h o fa v o r Federal aid are agreed th a t it s h ou ld flo w fro m Federal agencies d ire c tly to established a u th o ritie s w ith in the sev eral States, the a llo c a tio n o f such fu n d s to be m ade in term s o f local needs and local policies. A d equate le gislative safe guards can be p ro v id e d to protect local in s titu tio n s and agencies fro m g o v e rn m ent d o m in a tio n . I t s h o u ld never be fo rg o tte n th a t an uneducated and fru s trated electorate is the best prey o f d e m agogues and dic ta to rs . E d u c a tio n is the road to personal and p o litic a l freedom . Federal s u p p o rt w i l l help to keep th is road clear fo r a ll o u r people. D evelop m en ts o f th is type and other changes n o w o c c u rrin g in A m e rica n society and in the e d u cational in s titu tio n s o f the c o u n try w i l l create new issues and new problem s in the w o rld o f education. These m atters m ust be studie d in te n s iv e ly and f u ll y i f an ade quate e du cational p ro g ra m f o r a ll the y o u th o f the n a tio n is to be p ro v id e d . I n th is task m a n y agencies and m a n y persons w i l l take p a rt. T h e office o f E d u c a tio n o f the Federal S e curity A g ency, i f it is to discharge its f u ll re s p o n s ib ilitie s to the G o v e rn m e n t and to the citize ns generally, m ust exercise d y n a m ic leadership in such studies and in such p la n n in g , u s in g a ll the resources in its o w n s ta ff and others elsewhere availab le. _ F o rtu n a te ly the s ta ff o f the Office o f E d u c a tio n is alrea dy composed o f h ig h ly com petent and w e ll- in fo r m e d educators. I t is a team w h ic h I am p ro u d to jo in . I p la n to use the staff as a team in the f u ll fillm e n t o f o u r co m m o n purposes. W it h the f u ll c oop era tion o f th a t staff and w ith the s u p p o rt and encouragem ent already m anifested b y the able and en lightened to p officials in the Federal S e curity A g ency I believe th e Office o f E d u c a tio n can become an increa singly useful and im p o r ta n t agency in A m e r i can education and in A m e rica n society. W h a te v e r talen ts and energy I have, I pledge y o u , w i l l be used to th a t end. APRIL. 1949 Schools of Instruction M r s . E. T . H a l e , N a tio n a l C h a ir m a n C o n g re ss P u b lic a tio n s O ne o f the state vice-presidents re c e n tly asked the $ 6 4 que stion w h e n she in q u ire d in effect: “ W h a t makes y o u t h in k y o u have to w a it u n t il y o u r cou n cil o r d is tric t p u ts o n a school o f in s tru c tio n to learn y o u r new dutie s?” I f state o r d is tric ts h o ld schools o f in s tru c tio n o r conferences o r w o rksh o p s (th e nam e doesn’ t m a tte r) in the f a ll ju s t before the s ta rt o f school, these are o f course o f in estim a ble value. How ever, local officers w i l l be in a m uch better p o s itio n to absorb the in fo r m a tio n i f th e y have held a conference (gu id e d b y the b o o k le t S c h o o l s o f I n s t r u c t i o n ) w it h a ll th e ir local boa rd members in attendance. Q uestions th a t chairm en w a n t to k n o w and to w h ic h th e y h ave n’t fo u n d an answ er can then be b r o u g h t to y o u r d is tric t w o rk s h o p (a lo n g w ith the person m a k in g the i n q u i r y ) . T h e local u n it m a y be u n d e r ta k in g a new p ro je c t and m a y w a n t in fo rm a tio n on th a t o n e subject, h a v in g become q u ite efficient in a ll m atters p e r ta in in g to the m a n y o th e r com m ittees o f the o rg a n iz a tio n . P la n n in g m u st be done ea rly in the sum m e r in o rd e r to have p rogram s p rin te d b y the b e g in n in g o f school. M e m b e rsh ip e n ro llm e n t c a m p a i g n s s h o u ld be w e ll u n d e r w a y . P ro b a b ly no bette r w a y o f g e ttin g coordinated a c tiv ity fro m a new b o a rd can be th o u g h t o f th a n b y p u t tin g o n a local school o f in s tru c tio n , u s in g th is 12page leaflet as a guide fo r p la n n in g , a r rangem ents, e x h ib its , m ate rials, and topics. O ne g ro u p fro m w h o m we som e tim es expect greater results and to w h o m we give less in fo r m a tio n th a n an y o th e r are the ro o m representatives. Since w e ask them to p e rfo rm the m ost im p o r ta n t task o f p la cin g o u r objectives and policies before p o te n tia l m embers, we m ust see th a t fo r th is task w e select the best speakers, the m ost enthusiastic su p porters o f p a re n t teacher ideals. R o o m representatives, th e n , sh o u ld b y a ll means, be in v ite d to atten d and p a r( C o n tin u e d on page 11) 9 �S t u d e n t V is it a t io n s t o C o m m o n G lory P roposed T h e J a m e sto w n C o rp o ra tio n at W i l lia m s b u rg has developed a p la n to en large the v is ita tio n b y student groups to W illia m s b u rg d u rin g the sum m e r o f 194 9 in o rd e r th a t the students m ay atte n d “T h e C o m m o n G lo r y ” and to see c o lo n ia l W illia m s b u rg and o th e r h is to ric a l sites on the p e n insula. The p ro g ra m has the a p p ro v a l o f the State D e p a rtm e n t o f E d u c a tio n . T h e P T A ’s arc urged to cooperate w it h S C A 's to secure fu n d s to finance these trip s . T h e p ro g ra m w i l l p ro v id e special rates fo r ho u sin g and fo o d . T ic k e ts to “ T h e C o m m o n G lo r y ” and o th e r h is to ric a l shrines w i l l be placed on a basis fa r b e lo w the cost to students as in d iv id u a ls . F o r instance; in groups students o f h ig h school age w i l l pa y 9 0 ^ to see 'T h e C o m m o n G lo r y ” ; in d iv id u a lly the price is $ 1 .8 0 to $ 2 .4 0 . H o u s in g w i l l be availab le to students at 7 5 < per person per n ig h t: in d iv id u a l f ly the cheapest lo d g in g in W illia m s b u rg is a b o u t $ 2 .5 0 per person per n ig h t. Special bus tra n s p o rta tio n can be a r ranged fo r groups th a t desire it. L a s t year w ith no organized p r o gram 17 h ig h school groups made scheduled v is its to “ T h e C o m m o n G lo r y ” and several o th e r groups came w ith o u t p r io r schedule. I n a d d itio n 19 y o u th groups such as 4 - H C lubs, B o y Scouts, G ir l Scouts, etc. and 5 college g roups attended. I f th is p ro g ra m is to succeed it w i l l need the active co o p e ra tio n o f the P T A . Each h ig h school P T A President is urged to c o n s u lt w it h the p r in c ip a l and S C A fa c u lty sponsor im m e d ia te ly to determ ine w h e th e r such a p ro g ra m is feasible at the present tim e and to o ffe r th e assistance o f the P T A in c a rry in g th ro u g h w h a te v e r p lans are made. F u r th e r in fo r m a tio n re gardin g the p r o gram m a y be secured b y w r itin g to M r . A lle n R . M a tth e w s , E xe cu tiv e V ic e P resident, T h e J a m e s to w n C o rp o ra tio n , W illia m s b u rg . PTA District Meetings T h u rs d a y , A p r il 21 N a tu ra l B rid g e D is tr ic t S a tu rd a y, A p r il 23 N o rth e rn V ir g in ia A r lin g t o n D i s t r i c t ............................. W ednesday, A p r il 2 7 F redericksb urg D is tr ic t . . D a h lg re n W ednesday, M a y 4 . . . . R oanoke D is tr ic t PTA Jewelry Prices T a x In c l u d e d Past P resident’s Badge $ 4 .2 0 Past P resident’s B a r o n ly 1.5 0 Large P T A P in 2 .7 0 Large P T A B u tto n 2 .7 0 Large P T A C h a rm 2 .7 0 S m a ll P T A P in 1.98 S m a ll B u tto n 1 .92 S m all C h a rm 1.86 La va lie re 3 .9 0 R in g 9 .6 0 A l l je w e lry s h o u ld be ordered d i re c tly fro m State Office, 16 N o r th 9 th S t.. R ic h m o n d , V a . 10 W eyers Cave ............. C lif t o n Forge N ation al C onvention T h e an n u al C onvention o f th e N a tio n a l C ongress o f P aren ts and T ea c h ers w ill he h eld at St. L ou is, May 1 6 , 1 7 an d 1 8 . T h e H otel Jefferso n w ill se r v e as h ead q u arters f o r th e C onven tio n . I f yo u are p la n n in g to attend as a d ele g a te p lea se n o tify th e State O ffice in o rd er that you r v o tin g cre d en tia ls m ay l»e p rovid ed . In some small field each child should attain, within the limited range of its experience and observation, the power to draw a justly limited inference from observed facts.—-Charles W. Eliot. T H E VIRGINIA BU LLETIN Schools of Instruction t Continued from page 9) tic ip a tc in every school o f in s tru c tio n , i f th e y are to speak flu e n tly and c o n v in c in g ly o f o u r o rg a n iz a tio n to others. S c h o o l s o f I n s t r u c t i o n contains concise dire c tio n s on the “ w h o , w h y , and w h ere” o f setting up program s fo r g iv in g ju s t such in fo r m a tio n . Music (Continued from page 7).g a n iz a tio n s o f v a rio u s types, b u t i t is a lw a y s interested to hear o f new w ays w h ic h m ay be w o rk e d o u t, o r o f e f fective v a ria tio n s o f those already w e ll established. T h e k eyno te o f the year. “ M U S I C S T R E N G T H E N S F R IE N D L Y T IE S o f In d iv id u a ls , G ro u p s, N a tio n s ,” has been selected in consonance w it h the cooperative and in clusive character o f the p a rtic ip a tio n . A secondary k e y note, and one w h ic h has been used each Here year, is F o s t e r A m e r i c a n M u s i c . the th o u g h t is to call a tte n tio n to the A m e rica n com poser's c o n tr ib u tio n to the creative m usic o f the w o rld . One o r t w o in te re s tin g and w o rth w h ile num bers b y A m erican s m ay w e ll appear on M u s ic W eek p rogram s w ith o u t fa v o rin g them above o th e r n a tio n a litie s . Official R eco g n itio n o f M usic W eek Since the firs t synch ro n iz e d observ ance o f M u s ic W eek in 1 9 2 4 we have received a n n u a lly fro m the President o f the U n ite d States, as H o n o ra ry C h a irm a n o f the C e n tra l C o m m itte e, a le tte r e nd orsing the aim s o f the m ove m ent and recom m ending p a rtic ip a tio n . T h e state and te r r ito r ia l governors have issued p ro c la m a tio n s o r officia l state m ents to the press. Several h u n d re d m ayors in a ll parts o f the c o u n try have also aided the w o rk in th is w a y . O fte n th e ir statem ents praise the school music dep artm ents and o th e r m usical resources o f the c o m m u n ity fo r th e ir influence and accom plishm ent, and ask sustained s u p p o rt fo r th e ir w o rk . I t is o u r hope th a t there w i l l be a s till la rge r n u m b e r o f m a y o rs ’ p ro c la m a tio n s th is year. W e suggest to o th a t p a rtic ip a tin g o rg a n iz a tio n s , n a tio n a l and local, use th is occasion fo r re -s ta tin g APRIL, 1949 o r re visin g th e ir plans and objectives w it h reference to m usic. A t the o th e r end o f the scale there is the in d iv id u a l hom e. Here there can be p a rtic ip a tio n , w h e th e r there are p r o gram s b y churches, schools and o th e r o rg a n iz a tio n s o r n o t: w h e th e r there is a local central com m itte e o r n o t. Just as w e w a n t to see re c o g n itio n fro m p u b lic officials, we s h o u ld also lik e to see program s fo r the fa m ily , friends, and neighbors. A fe w suggestions fo r such program s, to gether w it h o rg a n i z a tio n p la n fo r c a rry in g o u t the idea on a d is tric t and c o m m u n ity basis, are a v ailab le w ith o u t charge fro m the office o f o u r C o m m itte e . R adio a n d O th er P u b licity I n recent years ra d io has come to p la y a p ro m in e n t p a rt in the M u s ic W eek a ctivitie s. L o c a l sta tio n s p a r tic u la rly are g iv in g tim e fo r the de m o n s tra tio n o f w o r k done b y school and no n -s c h o o l ensembles and soloists, b o th vocal and in s tru m e n ta l, and fo r b rie f ta lk s on M u s ic W eek and on the m usical progress o f the to w n and v ic in it y . T h e n a tio n a l n e tw o rk s have been cooperating w ith p rogram s arranged fo r, o r d e d i cated to , the observance and w it h scat tered announcem ents conce rning i t on com m ercial and n o n -c o m m e rc ia l hou rs. O n ly a b e g in n in g has been m ade in th is field and m uch m ore we hope w i l l be done in the years to come. T h e ra d io owes m uch to m usic, and its sponsors are conscious o f the e xte n t to w h ic h m usic provid es the h ig h w a y to the in terest o f listeners. T h e y can w e ll a f fo rd to jo in w ith o th e r constructive forces once a year in p a y in g trib u te to th is m ost enjo y a b le and w id e ly u tiliz e d o f a ll the arts. T h e u n a n im ity o f m o ra l s u p p o rt fo r M u s ic W eek b y p u b lic officials and the w id e range o f the active s u p p o rt, as reflected in the great n a tio n a l o rg a n iz a tio n s represented on the N a tio n a l M usic W eek C o m m itte e , d iffe re n tia te the M u sic W eek m ovem ent fro m o th e r special “ weeks” , and fu rth e r em phasize the social value o f m usic. L e t us jo in together to advance the cause o f m usic as an a rt and a h a r m o n iz in g force, and to extend the radius o f its influence am ong na tio n s , groups and in d iv id u a ls . 11 �Building Needs (Continued from page 4) 2. T h e passage o f a sales ta x to f i nance c o n tin u in g school needs. T h a t w e d o a ll w it h in o u r p o w e r to get o th e r P T A ’s to s tu d y the same p ro p o s a l in an e ffo rt to m ake i t a state w id e m o v e m e n t th a t the G eneral A s se m bly w i l l take the necessary steps to ca ll its e lf in to special session. Virginia P T A ’s (Continued from page 5) T h is is the second P T A in V ir g in ia th a t has achieved 1 00 per cent m em b er ship w i t h every fa th e r, every m o th e r and every teacher. T h e S ix th A ve nue P T A in P o rts m o u th atta in e d th is p e r fect record in 1 9 4 7 -4 8 . M rs . R . K e n t Snead re p o rtin g fo r the F o rk U n ion P T A in F lu v a n n a C o u n ty says th a t th e ir u n it has adopted as its m a jo r p ro je c t f o r 1 9 4 8 -4 9 the sp o n so r in g o f a d e n ta l c lin ic f o r the c h ild re n o f in d ig e n t parents. T h r o u g h v o lu n ta ry c o n trib u tio n s i t has raised enough m on e y to take care o f several cases. I t plans to give a p la y la te r in th e s p rin g to raise a d d itio n a l fu n d s to c a rry on th is im p o r ta n t w o rk . In conn ection w it h th e school the P T A has p ro v id e d tra n s p o rta tio n fo r a great m a n y c h ild re n to v is it the d e n tis t d u rin g the o v e ra ll d e n ta l p ro g ra m . T h e D u d le y P T A in T a z e w e ll C o u n ty o f w h ic h M rs . J. E. L id d le is P re s i dent, re p o rts th a t so fa r th is year th e y have donated $ 3 5 .0 0 to the lu n c h ro o m , in sta lle d electric lig h ts outsid e o f it, b o u g h t a m o d e rn d u p lic a tin g m achine f o r the school, p a id fo r one necessary to n s ile c to m y , and purchased glasses fo r a n o th e r c h ild in need. T h e W a ch a p rea g u e and Q u in b y P T A o f A ccom ack C o u n ty reports a v e ry successful year in securing e q u ip m e n t f o r the school. T h e P T A raised fu n d s b y h a v in g bakes, pla ys and school enter ta in m e n ts and purchased a s ix b u rn e r gas range, a gas h o t w a te r heater, a do u b le s te riliz e r fo r dishes and a c u rta in fo r the stage in the a u d ito riu m . 12 T h e A rlin gton C oun ty C oun cil has pub lis h e d the firs t issue o f ‘C o u n ty P T A C o u n s e lo r", a m im eographed p u b lic a tio n c a rry in g news and in fo rm a tio n to the local u n its o f the c o u n ty . T h is firs t issue carries in te re s tin g news fro m the A r lin g t o n C o u n ty School B oard together w ith plans o f the C o u n c il's S ta n d in g C o m m itte es o n H e a lth and S u m m er R o u n d -U p , W o r ld U n d e r sta n d in g , E d u ca tio n , Procedure and B y law s, M em b e rs h ip , and L e g is la tio n . I t is in te re s tin g ly w r itte n and s h o u ld be o f real help to the local u n its . T h e L ee C oun ty C oun cil m et at P e n n in g to n G ap on M a rc h 1 5 w ith an attendance o f 26 members representing 9 local u n its . C o u n c il B y la w s were adopted and the f o llo w in g officers were elected: P resident, M rs . M . H . R o b b in s o f P e n n in g to n G ap: V ice-P reside nt, M rs . D o n C o u k o f J o n e s v ille ; Second V ic e -P re s id e n t, M r . J o h n R ic h m o n d o f J o n e s v ille ; Secretary, M rs . S. T . C hoate o f P e n n in g to n G a p : and Treasurer, M rs . Sanders G rabeel o f Rose H i ll . F o llo w in g the business session the E x e c u tiv e D ire c to r conducted a threeh o u r School o f In s tru c tio n . Wh e n Y o u V is it R ic h m o n d , Ma k e T h e s e Ho t e l s Y o u r H e a d q u a r t e r * HOTEL JOHN MARSHALL " F i n e s t in t h e S o u t h " Franklin at Fifth HOTEL RICHMOND " O v e r lo o k in g C a p ito l S q u a re" HOTEL WM. BYRD " O p p o s ite B r o a d S tr e e t S ta tio n " HOTEL MURPHY 8th 0 Broad Street* Ga r a g e Ac c o m m o d a t io n s THE HOTEL CHAMBERLIN At Old Point Comfort, Virginia Student Cooperative Associations M. F rieda Koontz, SCA Executive Secretary A S u c c e ss fu l SCA P ro ject in M y S ch o o l L u c i l l e S h o w e r s , W a rre n C o u n ty H ig h School In m o s t schools, even in the best schools, there is a lw a ys s o m e th in g th a t c ould be im p ro v e d . I n W a rre n C o u n ty H ig h School t w o years ago th is som e th in g was the p o o r s in g in g in assem bly program s. I t was re a lly te rrib le . N o b o d y seemed interested. M o s t o f the p u p ils w e re n 't bothered a b o u t le a rn in g th e -w o rd s to new songs, and d id n 't sing the ones th e y k n e w . T h e causes o f th is were ju s t s im p ly t w o th in g s : we had v e ry fe w boo ks and the boo ks we had were v e ry in fe r io r and d id n ’ t have m a n y songs in th e m th a t h ig h school students lik e to sing. A t a S tuden t C o u n c il m eeting one d a y we decided o n a p la n o f a ctio n to get some new boo ks and t r y to im p ro v e the s in g in g in o u r school. W e decided they m ust be books o f well-selected songs, th e y m u st be w e ll-b o u n d , and above a ll, they m ust be b o u g h t and p a id f o r b y a ll the students, so th a t each person in the school w o u ld feel i t was his in d iv id u a l re s p o n s ib ility to take the best possible care o f them . W e th o u g h t th is w o u ld im p ro v e the s in g in g in assem bly p ro g ra m and it has. I t ’s s u rp ris in g h o w w e ll the students have responded. B u t g e ttin g back to where we g o t the m o n e y fo r the books, a b o u t the o n ly w a y fo r each student to have a p a rt in b u y in g the boo ks was fo r each class in the school to c o n trib u te a certa in a m o u n t o f m oney. T h e class could take i t o u t o f its treasury, o r i f th e y c o u ld n ’t a ffo rd it , th e y could p u t on some k in d o f e n te rta in m e n t in the school to raise the m oney. M o s t o f the classes d id th is and w it h in a few weeks we had the fo u r h u n d re d and some d o lla rs w e needed to b u y the books. A f te r w e g o t o u r new boo ks and began s in g in g m ore and m ore students seemed to take an interest, we realized m ore th a n ever the need in o u r school fo r a good A lm a M a te r. W e have t w o fo o tb a ll songs th a t have been sung over and o ver fo r years and years. T h e y re grand songs and e v e ryb o d y loves them , b u t th e y ju s t aren’ t a p p ro p ria te fo r a ll k in d s o f program s. O u r f o o t b a ll songs ‘ ‘O n Y e W a rre n ’ ’ and ‘ ‘W a rre n R eveille d id n ’t f it in fo r chapel o r some o th e r k in d o f serious e n te rta in m e n t. E v e ry b o d y realized th is b u t n o b o d y seemed to do a n y th in g a bo ut i t u n t il th is school term . I t w a s n ’t lo n g a fte r school opened last f a ll th a t T e d K e nnedy, the president o f o u r S tuden t C o u n c il, a p p o in te d a com m ittee to see w h a t could be done a b o u t g e ttin g an honest-to-goodness A lm a M a te r fo r W a rre n C o u n ty H ig h School. T h is com m ittee m et and decided w e w o u ld have a contest in the school and let a student w r ite the song. W e k n e w it w o u ld be asking to o m u ch to ask them to w r ite the m usic to i t too, so we asked M r . P a rker, o u r Glee C lu b in s tru c to r, i f he w o u ld w r ite some m usic fo r the w in n in g song and he very k in d ly consented. W e asked M r . P a rker, M r . P a rker, J r., and M rs . Q . D . Gasque, the w ife o f the D iv is io n S u perin te n d e n t o f Schools, w h o is very talented m u s ic a lly , to be the judges fo r the contest. T h e com m ittee set up a fe w sim ple rules and requirem ents f o r the song and the contestants. T h e y were: 1. I t s h o u ld be o rig in a l 2. I t s h o u ld be a p p ro p ria te fo r a ll occasions 3. I t s h o u ld c o n ta in at least t w o verses and a chorus •T alk given a t th e Shenandoah SCA D istrict M eeting held a t M adison College. T H E VIRGINIA B U LLETIN APRIL. 1949 13 �4. 5. A n y student in W a rre n C o u n ty H ig h School was e lig ib le to take p a rt. T h e w in n e r w o u ld receive a p riz e in a d d itio n to h a v in g the h o n o r o f w r itin g a song th a t w o u ld be sung fo r m a n y years to come in dear o ld W a rre n H ig h . M u c h enthusiasm was s h o w n and m a n y entries made. T h e judges re a lly had a h a rd tim e p ic k in g the w in n in g song b u t f in a lly decided th a t “ A l l H a il A lm a M a te r ” w r itte n b y B a rba ra S trik e r, a senior, was the best. W e w a n te d to m ake a goo d im pression o n the student b o d y w i t h the new song,.so before the students had heard it, the Glee C lu b sang i t in rehearsals. T w o weeks la te r w e in tro d u c e d the song to the s tu d e n t b o d y a t assembly. T h e Glee C lu b sang i t once f o r them . T h e n we a ll sang it together. E v e ry b o d y lo ved i t the firs t tim e it was sung. T e d aw ard ed the p riz e to B a rba ra and a sm a ll to k e n o f o u r app re cia tio n to M r . P arker. A lth o u g h it 's s t ill n e w to us, y o u w o u ld be surprised h o w grand i t sounds w h en we sin g it. Seems as i f i t makes e v e ry b o d y ju s t bub b le ov e r w it h school s p irit. I t is t r u ly a b e a u tifu l song and expresses the tru e sentim ents o f W a rre n H ig h . W e are ve ry p ro u d o f i t and consider i t the m ost w o r th w h ile th in g the S tu d e n t C o u n c il has done fo r o u r school th is year. W h e n “ A l l H a il A lm a M a te r” is sung in the years to come, B a rba ra and M r . P a rke r w i l l be rem embered, o f course, b u t people w i l l also rem em ber the sp le n d id service the S tu d e n t C o u n c il rendered the students in 194 8 b y m a k in g th is song possible. W a rre n C o u n ty H ig h School n o w has an A lm a M a te r th a t can com pete w ith the best o f th e m , th a n k s to the S tu d e n t C o u n c il. The Student Court in George Washington High School, Danville Gw en Ho e l sch er Perhaps the th in g th a t we are p roude st o f in conn ection w ith the student cou n cil at George W a s h in g to n H ig h School is the s tu d e n t c o u rt o r ju d ic ia ry w h ic h tries cases where courts o f h o n o r are in v o lv e d . T h is c o u rt consists o f tw o sophom ores, fo u r ju n io r s and fo u r seniors in a d d itio n to the officers o f the co u n cil. A l l m em bers o f th is c o u rt except the officers are selected b y the fo rm e r ju d ic ia ry and a fa c u lty c om m ittee. T h e y serve u n t il th e y graduate p r o v id in g th e y behave themselves. A lth o u g h a fa c u lty adviser m ust be present d u r in g the hearings o f the cases the students c a rry on a ll the q u e s tio n in g . N a tu r a lly a ll these m eetings are closed and c o n fid e n tia l and no ju d ic ia ry m e m ber is to discuss them outsid e o f the room in w h ic h th e y are held. P u p ils accused o f ly in g , chea ting, stealing o r fo rg e ry are b ro u g h t before th is g ro u p o f th e ir fe llo w students and an earnest a tte m p t is made to fin d w h e th e r o r n o t he is g u ilty . W h e n a person is fo u n d g u ilt y the c o u rt goes even deeper and a tte m p ts to fin d w h y the act was c o m m itte d , then th e y are best able to determ ine w h a t corrective measures s h o u ld be taken in o rd e r to help the offen der ra th e r th a n to ju s t p u n is h h im . A ls o , i t is n o t unu sual w h e n a fte r careful d e lib e ra tio n a person w i l l be declared n o t g u ilty . T h e fin a l decision o f w h a t is to be done w it h the accused rests w it h the p rin c ip a l b u t a fte r each tr ia l a re com m en dation fro m the ju d ic ia ry is sent to his office. In every in s ta n t, except one, the ju d g m e n t o f o u r s tu d e n t c o u rt has been respected and the reco m m e n d a tio n enforced. T h r o u g h the years the stu d e n t c o u rt in George W a s h in g to n H ig h School has advanced and gained in prestige u n til it has become one o f the m ost effec tiv e o rg a n iz a tio n s in o u r school. W e feel the g ia n t o b lig a tio n th a t th is p r iv i lege carries w it h i t and s triv e to the u tm o s t to liv e u p to the tru s t th a t the stu d e n t b o d y , fa c u lty , and the p rin c ip a l has placed in o u r s tu d e n t court. •O ne o f a series of talk s on An Oustnndingr A ctivity D is tric t Meeting: held a t M artinsville H igh School. 14 of O ur SCA w hich The Common Glory’s 1949 School Program G. T y l e r M i l l e r , S u p e r in te n d e n t o f P u b lic I n s tr u c tio n B e g in n in g J u ly 1 and c o n tin u in g th ro u g h Septem ber 4, the J am estow n C o rp o ra tio n and the V ir g in ia D e p a rtm e n t o f C o n s e rv a tio n and D e velop m en t w i ll present the th ir d a n n u a l p ro d u c tio n o f T H E C O M M O N G L O R Y , the s y m p h o n ic dram a b y P u litz e r p riz e w in n e r, P a u l Green. T h e y in v ite y o u r a tte n tio n to the p ro d u c tio n and to the fo llo w in g p la n o f the Ja m e sto w n C o r p o ra tio n and the S tu d e n t C o operative A s s o c ia tio n , designed to im p ro v e a t tendance o n the p a rt o f the school ch ild re n o f V ir g in ia . T h is year’s school program has been adopted b y the S tu d e n t C o operative A sso cia tio n as its C i t iz e n s h ip P ro je c t fo r the sum m er m o n th s , and it is u rg in g a ll stu d e n t bodies, w ith em phasis on those o f h ig h schools to p a rticip a te in th is e du cational endeavor. W it h the cooperation o f the C ollege o f W illia m and M a ry , C o lo n ia l W i l liam s b u rg , In c ., the N a tio n a l P a rk Service, and the A s s o c ia tio n fo r the Preser v a tio n o f V ir g in ia A n tiq u itie s , the J am estow n C o rp o ra tio n is o ffe rin g a p la n fo r an educational to u r o f the “ B irth p la c e o f the R e p u b lic ” w h ic h in cludes J am estow n, Y o r k t o w n , and restored W illia m s b u rg , alo n g w it h attendance on T H E C O M M O N G LO R Y. Charges fixe d b y the coop era ting o rg a n iz a tio n s fo r the to u r are, gen era lly speaking, on a b elow -cost basis and are available o n ly to chaperoned s tu d e n t groups n u m b e rin g at least ten persons each. T h e y in clude ( a ll figures are app lica ble to chaperones as w e ll as students) : C o m m o n G lo r y T ic k e ts — 90<f, O v e rn ig h t lo d g in g at the College o f W illia m and M a r y — 75<4, W illia m s b u rg to u r — 6 0 ^ , J a m e sto w n — 7 ^ ( ta x o n ly ) , Y o r k t o w n b a ttle fie ld to u r— free, M o o re House— 2 tf ( ta x o n ly ) . In a d d itio n , s tu d e n t groups w i ll be a llo w e d to eat at the cafeteria o f the C ollege o f W illia m and M a r y at prices gen era lly w e ll b e lo w those in com m e r cial restaurants. T h e S tuden t C o operative A sso ciation , w ith the a p p ro v a l o f the C ooperative E d u c a tio n A sso ciation , is p la n n in g to urge student groups to take active steps a t th is tim e to raise m oney th ro u g h school parties, show s, etc., to finance g ro u p p a rtic ip a tio n in th is to u r. T h e coop era ting agencies lo o k w ith fa v o r on the p la n as o u tlin e d and in v ite y o u r cooperation in a rra n g in g fo r g ro u p attendance o f y o u r h ig h school p u p ils . I t is probab le th a t local school a u th o r i ties w i ll p e rm it the use o f school buses fo r tra n s p o rta tio n o f stu d e n t groups. I f school buses"are used, i t w i ll , o f course, be necessary fo r them to arrange fo r app ro p ria te insurance coverage w h ile on such trips. Because o f lim ite d facilities, ja n ito r ia l assistance and supplies, lo d g in g as o u tlin e d above w i l l be availab le o n ly to those groups w h ic h are scheduled in advance. T h e office o f the Ja m e sto w n C o rp o ra tio n , B o x 6 3 5 , 'W illia m s b u rg , V ir g in ia , w i ll fu rn is h upo n request detailed in fo r m a tio n as to schedules. S tu dent groups w i ll be scheduled fro m the b e g in n in g o f the show th ro u g h the week end ing A u g u s t 2 7 . N o show s w i l l be presented o n M o n d a y n ig h ts at a n y tim e d u rin g the sum m er. 1949 SCA DISTRICT MEETINGS D is tr ic t Chesapeake C lin c h V a lle y given a t th e Danville T H E VIRGINIA B U LLET IN APRIL. 1949 P r o g r a m D ir e c to r a n d H o s t P r in c ip a l . M e e t i n g P la c e . P .D .— F. N . P o s tle th w a it, A c h ille s A c h ille s H . S. H P .— F . N . P o s tle th w a it, A ch ille s P .D .— M rs . O b ra R. S im p son, S C A Sponsor, G arden . T a z e w e ll H . S. H .P .— G. O . M cGhee, T a z e w e ll 15 �T H E A R L IN G T O N % M RS E D M U N D \ , C O U N T Y *. S C H O O L B O A R L C AM PBELL 6- 50 Dan\nl?e 9.*" 'r j^ ID .^ k R a y m o n d C. B o d k in , Renan . B ro s v ille H . S. A R L IN G T O N VA H .K -S R > o b e rt R . M a rk s , B ro s v ille E astern S h o r e ................P .D .— L . W . Joh n s o n , C e n tr a l. . . . C e n tra l H . S. H .P .— L . W . Joh n s o n , C e n tra l F a r m v ille ........................P .D .— M iss M a rth a H a m m o c k , S C A S ponsor, B lackstone ........................ B u c k in g h a m C e n tra l H .S . H .P .— Ir v in g D ris c o ll, B u c k in g h a m C e n tra l F redericksb urg P .D .— H ig h S ch ool— S. C. M o rg a n , C a ro lin e P .D .— E le m e n ta ry — M is s L o u i s e A lle n s w o r th , K in g G e o r g e .......... K in g George H . S. H .P .— W illia m L . S m ith , J r ., K in g George H o ls to n .................. P .D .— W illia m J . D e L o n g , J r., M a rio n ..................................................... G a la x H . S. H .P .— P a ul G. C o x , G alax L y n c h b u rg ..................... P .D .— T y le r F ulcher, M a d i s o n H e ig h ts ............................................... . M a d is o n H e ig h ts H . S. H .P .— T y le r Fulcher, M a d i s o n H e ights N a tu r a l B r i d g e ............. P .D .— M iss N e lle W r ig h t , D ire c to r o f In s tru c tio n , W a y n e s b o ro C i t y . W a y n e s b o ro H . S. H .P .— M . H . B ry a n t, W ayn e sb o ro N e w R iv e r . P .D .— F. S. D e V a u lt, W o o d la w n . . H ills v ille H . S. H .P .— C. P. Baker, H ills v ille N o rth e r n V ir g in ia . . . P .D .— H ig h S ch ool— D o ugla s V . Evans, H e r n d o n ................................G eorge W a s h in g to n H . S. H .P .— E d g a r G . P ru e t, George W a s h in g to n , A le x a n d ria P .D .— E le m e n ta ry — M rs . E liz a b e th C. G oode, S C A S ponsor, Jefferson School Jefferson E le m . School H .P .— M rs . P a u lin e C. G o rh a m , J e f ferson, A le x a n d ria P ie d m o n t P .D .— L u th e r E. F ly n n . F lu v a n n a M a d is o n H . S. H .P .— C laude L . Y o w e ll, M a d iso n R a ppahan nock V a lle y P .D .— S tanley A rm is te a d , Saluda W a s h in g to n -L e e H . S. H .P .— S ta ffo rd M . Haga, W a s h in g to n-Lee, M o n tro s s R ic h m o n d P .D .— H . A. H u m p h re y s , W est P o in t R a n d o lp h -M a c o n College H o s t P resident— D r . J. E a rl M o re la n d : H o st P r in c ip a l— George P. C o m p to n , H e n ry C la y R o anoke ................P .D . and H .P .— W . J. K in g , C lif to n Forge ............................................. C lif to n Forge H . S. Shenandoah ................P .D .— M rs . C laude B. S tic k le y . W a s h in g to n ................ W a rre n C o u n ty H . S. H .P .— James S. D u ff, W a rre n Southside P .D .— J. E. M allo n e e , D ire c to r o f In s tru c tio n , H o p e w e ll C ity M id w a y H . S. H .P .— W illia m F. C reath, M id w a y S ta u n to n R iv e r P .D .— W . W . Reade, V o le n s . K e n b rid g e H . S. H .P .— J. H . Revere, K e nbridge T id e w a te r P .D . and H .P .— R . H . O w e n . Oceana .................................................. Oceana H . S. 16 T H E VIRG INIA BU LLETIN � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Virginia Bulletin, Official Publication of the Cooperative Education Association, Vol 32 No 8, April, 1949 Description An account of the resource Newsletter featuring information on school activities throughout the state of Virginia. 9 pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource The Cooperative Education Association 1949-04 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1940s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_14 https://projectdaps.org/files/original/a4c797e73c74d15491893aeea193b510.pdf fb3e8d1623bd2f912bc8daf6539ae736 PDF Text Text S T A T E M E N T of P R I N C I P L E S S T E A D F A S T I N T H E F A I T H th a t the C o n s titu tio n o f the U n ite d States established o u r gove rnm ent as a g o v e r n m e n t o f t h e p e o p l e . . . n o t o f a class, a s tro n g m in o rity , o r any g ro u p o r in terest o p e ra tin g in self in te re s t a t the expense o f others; W E A F F IR M and p u b lis h the fo llo w in g p rin c ip le s , com m e ndin g them to a l l citizens o f V irg in ia , who, a t the same tim e are citizens o f o u r free n a tio n . # # # # # # * * # # W E B E L IE V E th a t the people in a free n a tio n o r state are sovereign. W E B E L IE V E th a t gove rnm ent is the servant o f a l l the people; th a t any e ffort, d ire c tly o r in d ire c tly , to p e rve rt its activitie s fro m the good o f a l l the people to the lim ite d ben efit o f a f e w is e v il; th a t to p e rm it gov­ e rn m e n t a t any le ve l to become paternalistic, d ic ta to ria l, o r restricted in its re c o g n itio n o f the rights o f a ll people e q u a lly, is co n tra ry to the p rin c ip le s o f a free governm ent. W E B E L IE V E in f u ll p a rtic ip a tio n in the affairs o f o u r gove rn m e n t by in d iv id u a ls th ro u g h a t least tw o stron g p o litic a l parties, each w ith w e ll-defin ed p rin c ip le s ; w ith free access to p a rty councils afforded a ll p a rty members and to a ll those w ho w o u ld a ffilia te w ith such p o litic a l parties. W E B E L IE V E th a t the r ig h t to p a rtic ip a te in the affairs o f o u r g o v e rn m e n t th ro u g h the exercise o f the franchise is n o t o n ly an in a lie n a b le r ig h t guaranteed b y the C o n s titu tio n , b u t a positive o b lig a tio n o f good citize nship , and th a t i t s h o u ld n o t be restricted o r abridged by p o ll tax o r u n d u e restrictio ns as to lite racy, o r by in tim id a tio n o r coercion. W E B E L IE V E th a t the qua lific a tio n s established fo r exercise o f the franchise s h o u ld be sim ple and d ire ct, lim ite d to sane, lite ra te citizens o f the U n ite d States. W E B E L IE V E th a t the rig h ts and freedom s guaranteed to the in d iv id u a l by o u r C o n s titu tio n are sacred and th a t the exercise o f these rig h ts s h o u ld be encouraged. W E B E L IE V E i t the d u ty o f a ll citizens o f o u r c o u n try to resist to the u ltim a te C om m unism , Fascism, statism , o r any o th e r “ ism ” th a t sets class against class o r sets state above the people. W E B E L IE V E in the freedom and d ig n ity o f die in d iv id u a l; we oppose any g roup, w h e th e r i t be p o litic a l, vocatio nal, social, economic, o r ra c ia l, w h ic h operates fo r its o w n selfish interests and against the com ­ m o n good. W E B E L IE V E th a t gove rnm ent is created to serve m an; and th a t, in the perform ance o f its duties, i t sh ou ld in fo r m the citizens o f its activ itie s and encourage th e ir fu lle s t p a rtic ip a tio n in p u b lic affairs. W E B E L IE V E in the w idest encouragem ent b y gove rnm ent o f p riv a te a g ric u ltu ra l, in d u s tria l, and business enterprise fo r the ben efit o f a ll o u r peo ple; and the re g u la tio n o f such p riv a te enterprise o n ly to the e x te n t re q u ire d to p re v e n t in e q u itie s and oppression. W E B E L IE V E i t to be the o b lig a tio n o f every citizen in a free state to resist fearlessly and w ith c o u r­ age and steadfastness, the e ffo rt o f any one m an, one clique, o r one g ro u p to d ic ta te and c o n tro l the activities o f a governm ent. W E B E L IE V E in the fu n d a m e n ta l im p o rta n c e o f local g o v e rn m e n ta l re s p o n s ib ility — coun ty, c ity and c o m m u n ity — and oppose the fin a n cia l, p o litic a l o r o th e r interference b y the state o r n a tio n in the o p e ra tio n o f such lo cal governm ent. L o u is S pilm an, President & E d ito r, T h e N e w s-V irg in ia n , W aynesboro, V irg in ia . Jan u a ry 1, 1951. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Statement of Principles, January 1, 1951 Description An account of the resource Flyer outlining a statement of principles regarding government structure, published by the News-Virginian of Waynesboro, Virginia. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource The News-Virginia 1951-01-01 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_21 https://projectdaps.org/files/original/20b0d142c1693b7bca37263c84364c57.pdf 6d98876386aa8725ebd0e34aff332839 PDF Text Text ®je tlkslfittgitttt f SUNDAY, APRIL 29, 1951 ‘This Happened in Pasadena’: Now It’ Happening in Greater Washington s By Agnes E. Meyer Post R eporter ££TT i a fact that certain forces, s vicious, well organized and cold­ ly calculating, would like to change the face of education in the United States. This they must not be allowed to do” This statement from the Macmillan Co. explains why these publishers sent the wellknown journalist, David Hulburd, formerly with Time magazine, to give a blow-by-blow account of the smear tactics used in Pasa­ dena, Calif., by these vicious elements to discredit the local public school system and to force the resignation of one of the Nation’s ablest school administrators, Willard Goslin. For the citizen? of the District of Colum­ bia, Montgomery County (Md.) and Arling­ ton County (Va.), Hulburd’s book, “This Happened in Pasadena,” is m ust reading. Similar tactics are already well under way in our city and its metropolitan area. The campaign to examine the text books in use in our District schools for Communist influences, the attacks on progressive school administrators in Arlington, and the accusa­ tion th at the Montgomery County schools neglect the three R’s, are standard practice among these reckless, Fascist-minded groups who seek control of the public school curriculum, the teachers and the adminis­ trators. Let no one minimize the ambitions of these pressure groups. They well know th at whoever controls the public schools, controls public opinion. The tactics employed against the schools are identical in different parts of the coun­ try because they are directed, as Hulburd points out, by highly suspicious national organizations. Among those commanding ample funds are the “National Council for American Education,” “Pro-America,” “American Education Association,” “Insti­ tute for Public Service,” “Guardians of American Education” and “Conference of American Small Business Organizations.” This last group was condemned by the House Select Comihittee on Lobbying Ac­ tivities as a “pressure group, ambitious to control public opinion,” whose ignorant criticism of text books “smells too much of the book-burning orgies of Nuernberg to be accepted by thoughtful Americans.” None of these national propaganda organ­ izations is directed by people respected in the educational world. Trade Upon Fears iVERYBODY in our democracy has the 4 right to criticize our public institutions; These self styled patriots who denounce the public schools have been successful with th eir vague epithets that our public schools are “progressive,” “communist,” “godless," “socialist” and what-not because they have traded upon the logitimate fears of Amer­ I ican parents that all is not well with our public school system. Conscientious citizens are active all over the country to improve the obvious weaknesses of our long neg­ lected public schools. So widespread Is the determination of these local, State and national groups to press for expansion and improvement of the public schools that the newspapers re­ sound with their dissatisfaction and that of underpaid teachers. This is the normal process by which democracy evolves and attains new and higher goals. But this chorus of discontent has made it easy to confuse people who cannot discriminate between the constructive, substantiated criticism of well-meaning, well-informed citizens and the destructive, unsubstantiated abuse of unscrupulous pressure groups. The fact that this racket of vilifying the public schools worked in Pasadena is ample warning that it may work anywhere. For Pasadena, a city of more than 100,0Q0 in­ habitants, is a community of great wealth, beauty and dignity that are a measure of the taste, intelligence aad civic pride of its citizens. Here, if anywhere, one would ex­ pect reason and justice to prevail over passion and ignorance. In 1948, the Pasadena Board of Education unanimously invited Willard Goslin, a t the time of his appointment president of the American Association of School Administra­ tors, to head their public school system after a careful canvass of the whole country to find the ablest man. Yet two and a half years later, the same board that hired hin^ also fired him in an ignominious, badly worded and cowardly telegram sent to him in New York City where he had flown the night before to confer with the "National Citizens Commission for the Public Schools,” of whose advisory board he is a member. How was this crude dismissal of a dis­ tinguished educator achieved? It wa* maueuvered by keeping the whole city in a turmoil of fear, irresolution, mutual dis­ trust and mental confusion in spite of the fact that the school system had been im­ proving under Goslin’s direction until it promised to be one of the best in the whole country. The whole evolution illustrates how much easier it is to be destructive than constructive in a democracy. Evil, alas, spreads with far greater rapidity than goodness. Falge Set of Values HE FIGHT against Goslin was lead by « group of substantial citizens who gave themselves the grand title, “The School Development CounciL” The chairmen changed as the motives changed. Many of the founding members dropped out when they realized that the original purpose of improving the schools was obscured, as Hulburd states, “by personal prejudices and a false set of educational values.” Some of these “values” were revealed when Goslin was accused in a whispering campaign of “socialism” and of “undermining the native patriotism of Pasadena* because he had invited the dean of American educators. T Dr. Kilpatrick of Teachers College, to ad­ dress the Pasadena teachers at a summer school workshop. “Throughout the Council’s stormy ca­ reer,” says Hulburd, “a hardy band of tfromen (whom he names) stood out above their fellows as being particularly active and persistent.*’ One of them was especial­ ly interested in “subversive influences in the schools” and in the school text books; another in the “evils of modern education," on which she made hair-raising speeches; another was frankly determined to get rid of Goslin, as a leading exponent of what she darkly described as “Modern Pragmatic Education.” But the most persistent, the wealthy daughter of a former United States Senator, and founder of the local ProAmerica chapter, supplied the Council and the city with its typical propaganda. ProAmerica is excited about “The Four Horse­ man of ’51.” “They are Stalinism, Trumanism, Welfarism and Minorityism.” “These four horsemen must be bridled and tamed,” says Pro-America’s literature. Before long, nobody could tell whether Pro-America or the School Development Council was running the anti-Goslin cam­ paign. The hectic meetings took place in the patriotic confine* of the Legion Hall. Yet the campaign flagged until the Coun­ cil acquired a new chairman, a small busi­ nessman, Frank W. Wells, who enlisted property owners in cutting the school budg­ ets and in opposing a rezoning of school districts which might send the children of the upper classes to school with Negro and Mexican children and reduce some of the real estate values. Under Wells’ expert direction, the Council now became cen­ tered upon “getting better results from every dollar” spent on the schools. “The best judges of the educational sys­ tem are those who employ and work with its products,” said Wells. ‘This evaluation is far superior to the theories of those administering the process. While we have supported education with our dollar*, we have neglected to guide it with our prin­ ciples. We believe that education in Pasadena needs not only our dollars, but our principles, our personal time and in­ terest, and this we propose to provide through this organized group.” A Befuddling Mixture HESE self-constituted guardians of education then proceeded to befuddle the public with racial issues, class hostility, taxation, failure to teach the fundamentals* budget-cutting and progressive education^ all mixed up together, as well as rabble! rousing mass meetings to stir up personal animosity against the School Board and the Goglin administration. As the fu r began to fly, it became parent that the Pasadena Council wag taken over more and more by Allen A. Zoll, d i r ^ tor of the National Council for Am^ric^, Education. Even so good a reporter as Hulbut(j could not get much information about thB early history of Zoll, who calls himself an “internationally-known sales consultants His first organization to gain notoriety T was American Patriots, Inc., which was listed as fascist and subversive by Tom C. Clark when he was Attorney General. Zoll was long an ardent supporter of Father Coughlin. As far back as 1939, he was de­ nounced as a strong anti-Semite by Repre­ sentative J. Parnell Thomas. Yet he man­ aged to get the support of such distin­ guished people as the late Senator Vandenberg, General Wainwright, Gene Tunney and Stanley High as sponsors of his Na­ tional Council for American Education in 1948, all of whom resigned when the New York World-Telegram exposed the new council’s shady character. Senator Kenneth McKellar, on the other hand, when in­ formed of Zoll’s background, stood by the Council, which may be a clew to the nature of Zoll’s other backers. “He was indicted for allegedly attempting to extort money from New York Radio Station WMCA. Al­ though he pleaded not guilty and the in­ dictment was later nolle prossed, the pub­ licity was pretty gamey, and for a time following its quashing, Mr. Zoll wasn’t heard from,” says Hulburd. This did not keep Zoll from gathering enough sucker-support to found the “Na­ tional Council for American Education” with headquarters in New York City. The pamphlets he broadcasts have such provoca­ tive titles as “Reducators at Harvard,” “How Red Are the Schools?,” “They Want Your Child” and “Progressive Education Increases Delinquency” (see illustration), the last named having been most widely distributed in Pasadena. The rational replies of Goslin and of cer­ tain clergymen who tried to defend th e public school budget were drowned out by nightly speeches in which Wells developed catchy phrases that took his large audiences by storm. One of his favorites was, “Pro­ gressive education means progressive taxa­ tion.” He asserted that the Board of Educa­ tion wanted a “quickie blank check” and that henceforth Pasadena’s children must be taught “the three R’s—the American heritage—real respect,” etc. In the meantime, the women members, of the Pasadena Council gave lunches and receptions to all and sundry that were dis­ satisfied by this time with Pasadena’s school administration. I regret to add that the local newspapers lent themselves enthu­ siastically to this disgraceful campaign al­ though the real facts behind the whole story were even more easily available to them than to David Hulburd, who now puts them on the record. Having defeated the school budget by a vote of 2 to 1, the School Development Council felt its oats and issued a statement demanding: 1. “An idelogical investigation of curriculum, methods and personnel with­ in the Pasadena School District, and (2) loyalty oaths by administrators and teach­ ers, stipulating dismissal for those who re­ fused to sign.” But here is the payoff that reveals the full insolence of these groups, national and local, that are trying to con­ trol our public school system and American public opinion in order to further their own specious interests. “We ask the Board (of Education) to determine immediately the politico-social aims of the present school administration—in curriculum, methods and personnel, both of District, staff and guest lecturers. We suggest that such patriotic organizations as the American Legion and Sons and Daughters of the American Revolu­ tion he called upon to direct or actively as­ sist the board in the study.” L o ss o f ‘L e a d e r sh ip ’ T>Y THIS time the board members, no better or worse than other boards, were excited about their loss of “leadership,” which merely meant that if Goslin was really to be fired, they wanted to have the credit for yielding to the public clamor. They sent him a telegram of dismissal during a two-day absence from Pasladena because they hadn’t the intestinal fortitude to face Goslin with their trumped-up charges that he was re­ sponsible for the “controversy” in Pasadena and for the “lack of harmony within the system itself as well as the community as a whole.” As soon as Goslin’s resignation became public, the better elements of the community realized that a catastrophe had happened from which the reputation of their schools and their city would suffer for years to come. The people by that time had awakened to the fact that they had permitted unscru­ pulous groups to pull the wool over their eyes. They were profoundly disturbed. Only Allen A. Zoll of the National Council for American Education was happy and tri­ umphant, way off in New York City. He frankly claimed credit for getting Goslin but. “The millions of pieces of literature we have sent out during the past two and a half years have had an important effect,” he crowed in the January number of his paper, “The Educational Guardian.” C itizens of Arlington C unty, b w re o Va., e a ! PROGRESSIVE EDUCATION This is the sa e M Zoll w recently a m r. ho t­ tacked o e of your ablest educa rs, C n to . G lenn Hass, w m he a ho ccu d of “unscru­ se A s a m p l e o f t h e m a t e r ia l c ir c u l a te d pulous m anipulation of yo ung m inds.” Citi­ » ze s o M ntgo ery C n f o m ounty, M ., b w ren P a s a d e n a b y t h e S c h o o l D e v e lo p ■ d e a i! m e a t C o u n c il Y u will reco o gnize in the criticism of your s scho ls m d b the “Parents League for o a e y o Curriculum D evelopm ent” the Zoll tech­ m re destructive than constructive IB It* nique a carried out in P sa e a -C s a d n . itizen approach: a flood of material to the pres* s s of W ashingto D C b w re O o n denouncing the system a it stands; the wel­ n, . ., e a ! ur w local scho l-b o purger, A o o k dalbert Lee, iscome Into its fold of all dissatisfied parents, under the thum of the “C b onference o of superpatriots and of ambitious, frustrated f Sm all B usiness O rganizations,” w hich h sindividuals; mass meetings and public a forums where only their views, and not op'been co dem ed by the H use C m ittee o n n o o m n Lobbying A ctivities for using N azi m etho posing views,* are aired; the repetition over ds and over again of hearsay, half-truths and to get control of A erican educatio m n. All local communities must carefully analyze Zoll’s literature, his contact with local groups, his spread-eagle patriotism and that of other similar national pressure groups. “For this much is certain,” says Hulburd of the utter social disruption caused in Pasadena by the infiltrating minority pressure groups: “The Zoll pattern is the same as the Pasadena pattern, the Zoll at­ tack on education is the same as the Pasa­ dena attack on education. First it admits the importance of public education, then it proceeds to damn every phase of a modern public school system: it is leading the Nation toward socialism: Its text books are written by Communists, it pays too little attention to fundamental educational principles, it fails to adhere to facts, it fails to avoid contro­ versial issues, and so on. And the strategy Mr. Zoll applauds so vigorously is the strat­ egy that was followed <n Pasadena, the formation of a self-appointed school com­ mittee. without real community backing. educational cliches.” “In these u e sy d y n a a s,” continue* Hul­ burd’s w arning a a result of his P sa s a dena experience, “ho nest, w ell-m eaning citizens a o re ften vulnerable to the ca pa m igns o all f so rts of infiltrating m inority pressure g u s. ro p U nless these citizens learn to reco gnize such dangers and a a w ken to w hat free public school education should m n to them a d ea n to their children, m n of them will sw llo a y a w all to -w o illingly— ok, line and sinker— ho the kind of bait sold by propagandists like Zoll.” Anyone who reads “This Happened in Pasadena” will be fully alerted to the sorry ambitions and the vile methods of Zoll and his ilk. For Zoll Is not the only demagogue who threatens the freedom of our schools and of our democracy. But as long as we have courageous publishers like the Mac­ millans and careful reporters like Hulbuyd to expose these racketeers, our people will be able to defeat, all subversive attacks on our public schools, whether they coma from the extreme left or the extreme right. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource This Happened in Pasadena': Now It's Happening in Greater Washington, Article from the Washington Post, Sunday, April 29, 1951 Description An account of the resource Newspaper article relating a book about a successful conservative campaign against a Pasadena school system to the public school systems in greater Washington, DC. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Washington Post 1951-04-29 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_28 https://projectdaps.org/files/original/5445b597a474b2abcd0466f23a02d50f.pdf 620ef94445ca29fc3ae2c6ae3dc15270 PDF Text Text American Association of University women I 63 U Eye Street, N.YV., Washington 6, D.C. January 1952 A BIBLIOGRAPHY TO SUPPLEMENT THE READING CONTAINED IN THE KIT "The Attack on the Public Schools" Axtelle, George E. "Public Relations and Educational Statesmanships Progressive Education, vol. 28, No. 7, May 1951. Next Steps." The writer believes the educator has a positive duty not yet fully realized: "To help the public organize itself so it may identify its basic interests in educa tion, to make available the scientific data and other considerations it must have at its disposal to form intelligent educational policy." Beminghausen, David K. "The Case of the Nation." American Scholar, Winter 1950. The Nation was dropped from New York City public school libraries by the New York school administration. This article by the chairman of the Committee on Intellect ual Freedom, American Library Association, examines the idea of a student's "freedom of inquiry" gs part of his "educational opportunities." Defense Bulletins Nos. 35. 36, 37, 38, 39. (freeTI NEA Defense Commission, Yvashington, D.C. No. 35, "Report on the Enemy," is a speech given in Missouri by Harold Benjamin (1950), describing purpose of Commission and is a first statement of reconnaisance on war on education. No. 3 6 , November 1950, No. 37, January 1951, No. 38, Febru ary 1951, No. 39, October 1951, contain reports and informative quotes related to current issues in the attack on the public schools. Forster, Arnold. A Mea sure of Freedom. Doubleday, New York, 1950. This 250-page book by the lawyer who is director of the Anti-Defamation League's Civil Rights Division, contains documented profiles of propaganda leaders in this country who make their living by organizing prejudice. For those who do not know the reputations, motivations, and methods of the characters behind organized at tack, this reference is a must. Hullfish, H. Gordon, "The Profession and the Public Face a Common Problem." tional Research Bulletin, volume 30, No. 5, May 16, 1951. Educa "The simple fact is that education must become more public than it has been here tofore." The educator and the public must see that education becomes better understood in order "to help young people grow into effective and intelligent citizenship." Constructive lessons from the Pasadena case. Kaplan, Louis. "The Attack on Modern Education." Phi Delta Kappan, January 1951. Professor Kaplan makes a documented analysis of these questions: Did schools of an older generation do a good teaching job? Are modem schools any better? How can a desirable relationship be created between a community and its schools? �- Lippitt, Ronald# “Attacks on the school: Progressive Education, May 1951. 2 - How to Develop Preventive Strength#" This two^page article refers to the various "attacks" on public schools as a starting point for discussion of the obligation of the school and its leaders to inform the community concerning educational matters. Mead, Margaret. The School in American Culture# Massachusetts, 195l^ Harvard University Press, Cambridge, A refreshing presentation from an anthropological point of view of the problems our schools and our teachers face in the culture of today. Age brings not wisdom but confusion to a teacher today, unless that teacher can keep up with the demands of a changing society. Melbo, Irving R. mi5hat Can School Board Members do to Answer Criticisms of Public Education?" American School Board Journal, vol. 122, No. 5, May 1951. A carefully organized article showing how citizen criticism of public education should be received, evaluated, and used to improve children's education. Although "freedom- to criticize appears to be inherently a privilege of American citizen ship," there must also be "willingness to accept responsibility for making a criticism." Morse, Arthur D. "Who's Trying to Ruin Our Schools?" September 1951. McCall1s Magazine, A report of the attempts made in several cities to discredit educational leader ship, program, and methods, and the part played by special interest groups and certain specified persons in using or making a confused community situation. National Commission For the Defense of Democracy Through Education, The Pasadena Story, NEA, Washington, D.C., June 1951. Of all the books and articles written on the attack on the Pasadena schools and on Superintendent Goslin in particular, this short report of the case seems to give the best objective account of the entire story. Smith, Mortimer. And Madly Teach. Henry Regnery Co., Chicago, Illinois, 19l*9. Serious criticism, entertainingly written, of the foibles and pitfalls of American public school education, written by an educated and intelligent layman who served on a Board of Education. Contains more truth than fiction. Tuttle, Edward M. "Community Complaint a Golden Opportunity to Effective Public Relations." American School Board Journal, vol. 121, No. 2, August 1950. The School Board should consult the community as well as principle that "all the p eople should have all the facts community interest in schools is only now emerging after during which people generally have paid (them) little or natural that many questions arise. the educators, on the all the time." Because "a considerable period no attention," it is �- 3 - Younger, George. "Protestant Piety and the Right Wing." Social . c i n May IS. Ato, 1951. A 35-page leaflet, reporting current attempts to enlist the churches to support a particular economic or political philosophy. Describes attempts to form mutual alliances through emphasis on certain common interests. A specific and thoroughly documented stucty. Current journals carrying articles on this subject are; The Education Digest, 50 cents a copy, S&.00 a year; 330 South State Street, Ann Arbor, Michigan. National Citizens Commission for the Public Schools, 2 West ligth Street, New York 19, New York, various publications. NEA Journal, 1201 Sixteenth Street, N.l«., Washington, D. C. Nation's Schools, the Nation's Schools Publishing Company, 919 North Michigan Avenue, Chicago, Illinois. New York Times, Sunday Education Section. School and Society, available by subscription,in educational libraries, or from The Society for the Advancement of Education, Inc., 10 McGovern Avenue, Lancaster, Pennsylvania. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Bibliography to Supplement the Reading Contained in the Kit "The Attack on the Public Schools," American Association of University Women, January, 1952 Description An account of the resource Bibliography of resources for defending public schools and understanding the opposition. 3 pages Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource American Association of University Women 1952-01 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_17 https://projectdaps.org/files/original/5205ca8da4a7c934605721df1c63c19d.pdf a8ebb36646bca7041f07417d2cfdbd6e PDF Text Text R e s o l u t i o n passed by the t h e A m e r i c a n Legion held August 25-28 19?2 RESOLUTION NUMBER 211 (ILLINOIS) OnniTnand t h e N E A a n d t h e T e a c h i n g their continued assist a n c e to the P r o g r a m of the A m e r i c a n L e g i o n . WHEREAS, the vast majority has again the American example, ball WHEREAS, the actively the various BE in IT New members the York, IT FURTHER tion of many program school and the National Education affiliates by August the its the Education 1952, teaching have supported subversive Legion that in we and assistance the groups; now convention assembled do profession, Association, great as its hereby thank the their organizations, various state rendered to the Americanism American Legion; and RESOLVED, that various departments among public, attention the against American 25-28, their state fight American for of the country, awards, junior base medal various in States schools, as for in such its of the tfoited sections organizations RESOLVED, affiliates, BE etc.; essay profession and National program in Americanism oratorical Legion of teaching Profession for Americanism^ teacher Association THEREFORE the supported, Legion contests, American of annual convention of in New York C i t y , the of the the private teaching and parochial profession. 4iI 1ff Iih ff circulate this resolu school groups for �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Resolution passed by the annual convention of the American Legion held in New York City, August 25-28, 1952 Description An account of the resource Resolution number 211 to commend the National Education Association and the Teaching Profession for supporting "American Legion Americanism." 2 pages Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource American Legion 1952-08 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_32 https://projectdaps.org/files/original/ef35fe20a030de6cca7e086d0937b452.pdf 5fd96af1c6595489c4cc8c737b224dbc PDF Text Text ARLINGTON CIVIC FEDERATION BULLETIN V o l . I X ______________________________ O c t o b e r 1 9 5 2 _________________________ N o . 8 Published monthly in the interest : of the : NEXT MEETING ARLINGTON COUNTY CIVIC FEDERATION : T U E S D A Y , O C T O B E R 7, 1 9 5 2 Editor: W i l l i a m G. W a t t Ch 7032 : OFFICERS ; 8 P . M . (SHARP) Pres.V.P, Treas.S e c ’y . - Ruth O'Dell Cox Lawrence Knappen W. A. B a c k u s M a r y L. A r a s o n THE C H 7396: OT 7763: O X 0318: JE L-A679: WELFARE OF LYON THE PARK COMMUNITY HOUSE COUNTY T h e o b j e c t o f the F e d e r a t i o n , a s s t a t e d i n our C o n s t i t u t i o n , is take a c t i o n to prom o t e t h e g e n e r a l w e l f a r e of A r l i n g t o n C o u n t y . " T o t h i s end, t h e F e d e r a t i o n h a s d u r i n g t h e p a s t f e w y e a r s b a c k e d t h o s e m e a s u r e s w h i c h h a v e r e s u l t e d in so m a n y of the r e f o r m s that this County needed. W e endorsed a n elected School Board; a merit s y s t e m for County employees; a s trong Public Utilities C o m m i s sion; t h e e s t a b l i s h m e n t o f C i t i z e n s A d v i s o r y C o m m i t t e e s , to w h i c h i n cidentally w e have c o n t r i b u t e d a substantial n u m b e r of members well q u a l i f i e d to r e n d e r o u t s t a n d i n g s e r v i c e to t h e com m u n i t y ; a n d f i n a l l y C o u n t y B o a r d m e m b e r s w h o f r o m t h e i r y e a r s of exper i e n c e in the Federation have had a b e t t e r knowledge of the civic needs of Arlington than any of their predecessors. Arlington was prospering, its governmental m a c h inery w a s b e c o m i n g s t reamlined and i t h a d g a i n e d n a t i o n w i d e r e c o g n i t i o n as a m o d e r n urban c o m m u n i t y . Its bonds we r e e a g e r l y s o u g h t as its c r e d i t w a s s o u n d . "to S u d d e n l y , t h a n k s to t h e e f f o r t s of o n e m a n , a d i s a p p o i n t e d o f f i c e seeker, a l l p r o g r e s s i n the C o u n t y w a s s u d d e n l y brought to a s t a n d s t i l l b y l e g a l a c t i o n s c o n t r a r y to t h e w i l l o f t h e m a j o r i t y o f t h e people. Tonight, as we r e a d our n e w s p a p e r s , w e do n o t even k n o w that our sc h o o l t e a c h e r s w i l l receive th e p a y that is r i g h t f u l l y t h e i r s at the en d of t h e m o n t h . T r u l y c o n d i t i o n s in A r l i n g t o n are chaotic. Y o u r frie n d s and mine say "What can w e do?". W e s e e m to b e i n a state of frustration. A r l i n g t o n is n o t a c i t y b u t a c o u n t y a n d i t s l e g i s l a t i o n h a s to come f r o m R i c h m o n d . We have a team Fenwick, M a g r u d e r a n d D a m m w h o s e d u t y i t i s to f i g h t f o r t h a t l e g i s l a t i o n which t h e p e o p l e of this C o u n t y want. We h a v e to d e p e n d o n t h e m to introduce bills that cannot be attacked. Last January the Federation a p p e a l e d t o t h e m t o i n t r o d u c e l e g i s l a t i o n w h i c h , if e n a c t e d , w o u l d have a v e r t e d the present situation. This t h e y w e r e u n a b l e to do. ,A i �- 2> N o w a s p e c i a l s e s s i o n of the L e g i s l a t u r e h a s b e e n ca l l e d and A r l i n g t o n ' s l e g i s l a t o r s w i l l be th e r e . T h e y h a v e a c l e a r nee.date f r o m t h e c i t i z e n s o f this C o u n t y to see Shat a c r y s t a l c l e a r b i l l is i n t r o d u c e d that w i l l release this C o u n t y f r o m b o n d a g e so that the w i l l of the m a j o r i t y m a y once a g a i n be expressed. T h e w e l f a r e of the C o u n t y demands it. ARLINGTON As stated in the COUNTY CANDIDATES September Bulletin, MEETINGS the o r g anizations, u n d e r the s p o n s o r s h i p o f the hav e a r r a n g e d a series o f m e e t i n g s at w h i c h various County-wide L eague of Women Voters, the candidates who are running for office on N o v o n b e ^ A will speak. There will also he a 1 5 - m i n u t e p r e s e n t a t i o n o n the p r o s and cons o f i n c orporation. The d a t e s a n d p l a c e s of t h e m e e t i n g s , w h i c h b e g i n at 8 : 1 5 p.m. are a s f o l lows : PLACE PRECINCTS DATE Oct. 14 S t r a t f o r d Jr. 4100 Vacation Oct. 16 Claremont School C h e s t e r f i e l d Rd. Fairlington, Oct. 21 Kate 4400 Balls ton, Arlington Oct. 22 Jefferson Firehouse 5 0 1 S. 2 3 r d S t r e e t Virginia Hills Highlands, Oct. 24 McKinley School 1 0 3 0 N. M c K i n l e y E. Falls Dominion Church, W e stover, Hills, Overlee Knolls W. N. High Lane Barrett School H e n d e r s o n Rd. Oct. 29 Lyon Village Lee Highway Oct. 30 Thomas Jefferson 816 Walter S. 2. 3. Voted Hoard as it wa s delegates Rd. Community School Reed HIGHLIGHTS 1. Inasmuch w e l c o m e d the mittees. Woodlawn, Thrifton, the and Drive OF THE Carne, Cherrydale, Walkers Chapel Claremont Clencarlyn, Forest Clarendon, Lyon Village, Ashton Courtland, Park Aurora Park, Lee, L y o n Heights, Rosslyn Lane Barcroft, Jefferson, Columbia, Fillmore SEPTEMBER Arlington, MEETING first m e e t i n g o f the year, the Pr e s i d e n t outlined the duties of Civic Federation C o m $15 to help d e f r a y t h e expenses of a s h o r t t a l k f r o m a s p e a k e r of t h e the Cand i d a t e s M e e t i n g s , C h a m b e r of C o m m e r c e on Eire Prevention. 4. Endorsed a resolution approving the establishment o f R e a l E s t a t e A s s e s s m e n t , .and u r g e d f a v o r a b l e a c t i o n d u m o n t h e s u b j e c t o n N o v e m b e r 4. of on a Department the referen �5. Authorized should be sent libraries. 6. Referred that a to a l l to the c o p y of th e L o c a l G o v e r n m e n t C o m m i t t e e R e p o r t P r e s i d e n t s of c o n s t i t u e n t b o d i e s a n d to t h e Schools study and report: (a) S t e p s n e c e s s a r y Arlington school (b) T h e t y p e for Committee the employees of p e r sonnel the following establishment practices now of a subjects merit carried on for system by the for school administration (c) T h e b a s i s f o r a l l o c a t i o n o f f u n d s w i t h i n t h e S c h o o l D e p a r t me n t since the adoption of the 1952-53 budget b y the C o u n t y B o a r d (d) T h e q u e s t i o n a s t o w h e t h e r t h e S c h o o l B o a r d s h o u l d b e a p p o i n t e d or 7. e l e c t e d u n d e r the C i t y C h a r t e r Elected former delegates Robert Cox and members for the ensuing year. 8. Requested the Public Safety Committee o f l o w - f l y i n g p l a n e s a n d a l s o to s e e if a could b e a s s i g n e d to the F i r e D epartment. DON'T FORGET WE HAVE A BARTER Allen Dean as honorary to investigate the problem simple telephone number DATE ON OCTOBER 20 T h e s a l e of s e a s o n t i c k e t s f o r th e B a r t e r p l a y s is n o w in f u l l swing. Tickets were distributed at the September meeting. Bring your r e t u r n s to th e O c t o b e r m e e t i n g . T h e f i r s t p l a y is M O N D A Y , O C T O B E R 20, at T.J. Audito r i u m . If w e c a n fill the p l a c e as w e l l as To w n M e e t i n g did, our w o r r i e s are o v e r . S e a s o n tickets a r e #7.00 for 4 plays. Individual seats at #2.00. T h o s e of y o u w h o are constantly calling for more and more mimeog r a p h w o r k b y the F e d e r a t i o n have an additional obligation to support these plays. The second p l a y "THE LATE C H R I S T O P H E R B E A N " comes o n M O N D A Y , N O V E M B E R 10. Individual tickets for that p l a y w i l l be a v a i l a b l e at our O c t o b e r m e e t i n g . In case you h a v e forg o t t e n , the first p l a y is "THE C U R I O U S SAVAGE". DUES FOR 1952-53 ARE NOW DUE AND PAYABLE �Arlington 1600 Civic Federation Bulletin (See. 34.66 Worth. H i g h l a n d S t r e e t Arlington, Virginia Mrs. Eliz. 2912 W. Cambell Glebe Road Arlington, Va. P.L.&R.) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Arlington Civic Federation Bulletin, Volume 9 Number 8, October 1952 Description An account of the resource Monthly newsletter of the Arlington County Civic Federation. 4 pages Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Arlington County Civic Federation 1952-10 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_23 https://projectdaps.org/files/original/8d559b4d79921ca10abd08fdeda70f1b.pdf 7365cd83a9925cb097caf94be352b914 PDF Text Text (The fo llo w in g e d ito r ia l ap p eared in the O ctob er 3 0 ,1 9 5 2 is s u e o f the WASHINGTON P O S T .) NONPARTISANS IN ARLINGTON "The con fu sion o f i s s u e s on w hich A rlin gton r e s id e n ts m u st v ote n ext T u esd ay is com pounded by the b itte r fig h t for s e a ts on the County B oard . B e c a u se of the r e c e n t co u rt d e c is io n p roh ib itin g F e d e r a l e m p lo y e s fr o m holding county o ffic e four v a ca n ­ c ie s m u st be fille d . The non p artisan m o v e m e n t, which u n til the cou rt d e c is io n had a 3 -2 m a jo rity on th e board , h as nom in ated D r . Ivan A . B ooker fo r the reg u la r te rm and M r s. Ruth C ox, W illiam J . D eM ik and M r s . M artha G am m on for the un­ e x p ire d t e r m s . County D e m o c r a ts have put up W e sley W . C oop er and the R ep u b li­ can s have nam ed G eorge M . R o w z e e .j r ., to op p ose D r . B o o k e r . A new group the A rlin gton Independent M ovem en t, h as n om in ated M r s . L eone B uchholz D r .R obert H. D e tw e ile r and A lvin F . K im el fo r the th r e e u n exp ired t e r m s . U nfortunately, no in d ica tio n of p o litic a l a ffilia tio n w ill a p p ear on the votin g m a c h in e s „ G en e r a lly , A rlin gton h a s had good g o v e rn m en t under th e n o n p a r tisa n s. The r is e of the m o v em en t c o in c id e d w ith the b ro a d ly b a s e d c itiz e n cam p aign a fter the w ar to g e t b e tte r s c h o o ls . L ike m any r e fo r m m o v e m e n ts , the n on p artisan group o c c a s io n ­ a lly h a s su ffe r e d fro m e x c e s s of z e a l, and so m e of its le a d e r s have ap p eared to be d o c tr in a ir e . B e c a u se of the p rep on d eren ce of G overnm ent e m p lo y e s in it s m em ber­ sh ip , it h as n e v e r a ttr a c te d w ide su pp ort fr o m county b u s in e s s in t e r e s t s . It has had to com b at the e sta b lis h e d p o litic a l o r g a n iz a tio n s w ith am ateu r m eth od s, and th e r e h a s b een a good d e a l of pulling and h au lin g. N o n e th e le s s , the n on p artisan group h a s o ffe r e d an opportunity for anyone to w ork for b e tte r lo c a l g o v ern m en t , and its a c c o m p lish m e n ts in b rin gin g A rlin gton a b r e a st of the t im e s h ave been s u b s ta n tia l. Im p a tien ce w ith the n o n p a rtisa n s have d r iv en so m e p e r s o n s into the fo ld o f th e new A rlin gton Independent M ovem en t. An ex a m in a tio n of th is g r o u p 's sp o n s o r s in d ic a te s th at, d e sp ite it s r e c r u it s , it i s p r im a r ily the cre a tu r e of the r e a l e s ta te in t e r e s t s and bu ild in g tr a d e s . Som e of it s can d id ates have talk ed b ro a d ly of " ex tra v a g a n ce , " have s n e e r e d at sc h o o l im p ro v em en t and h ave im p lied op p o stio n to ren t co n tro l and the c o u n ty 's b u s in e s s p r iv ile g e ta x . N ot too su r p r is in g ly , the D e m o c r a tic and R e p ­ u b lican o r g a n iza tio n s both have in d o r se d th e AIM can d id ates T hus the figh t b o ils down to an attem p t in w h ich both p o litic a l p arties have jo in e d to s m a s h the n on p artisan m o v e m e n t. N otw ith stand in g the "independent" t itle , AIM is doing the w ork of the o ld -lin e p o litic a l p a r t ie s . T h is n ew sp a p er has lon g b e lie v e d that p arty p o litic s do not b elong in lo c a l g o v e rn m en t. It a ls o b e lie v e s that the non­ p a r tis a n s , w h a tev er th e ir s h o r tc o m in g s, o ffe r the b e s t p r o m is e o f a county g o v e r n ­ m en t that w ill r e s i s t s p e c ia l in te r e s t p r e s s u r e s and r e p r e s e n t fa ir ly a ll o f the c o u n ty 's r e s id e n t s ." R e p r in te d by p e r m is s io n WASHINGTON PO ST � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Nonpartisans in Arlington, Washington Post Editorial, October 30, 1952 Description An account of the resource Editorial, reprinted from the Washington Post, regarding the state of non partisan representation on the County Board and criticizing the Arlington Independent Movement. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Washington Post 1952-10-30 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_22 https://projectdaps.org/files/original/cc1d7c321b201497282e835acc3aac82.pdf ddbadc2a147f6ece1e9d9e81237c3ea3 PDF Text Text (The following e d i t o r i a l a p p e a r e d i n the THE WASHINGTON DAILY ARLINGTON This is another county government. COUNTY round in BOARD the fight October NEWS) 51. 1952 issue of ELECTION for control of Arlington's A n e w " I n d e p e n d e n t " c o a l i t i o n is f i g h t i n g n o n - p a r t i s a n s . Democrats and Republicans are united on coalition candidates. So a r e m a n y o f A r l i n g t o n ' s b u s i n e s s m e n . There are charges by I n d e p e n d e n t candi d a t e s that non­ p a r t i s a n s have given the c o u n t y a inefficient, wasteful government. R a ised taxes. Stirred up dissension among county residents. In our opinion this just isn't so. A r l i n g t o n ' s n o n - p a r t i s a n m o v e m e n t s t a r t e d six: y e a r s a g o . Large numbers of new r e s i d e n t s had d e m a n d e d b e t t e r schools and public improvements they couldn't squeeze out of a county govern­ m e n t d o m i n a t e d b y c o n s e r v a t i v e o l d - t i m e r s w h o w e r e w i l l i n g to profit b y Arlington's great growth but not to pay taxes accordingly. N o n - p a r t i s a n s are l a r g e l y respon s i b l e f o r A r l i n g t o n ' s b e t t e r schools, also for a Start o n planned publ i c improvements and for other county government reforms. Of course all this has caused controversy. If A r l i ngton non-partisan County Board f e a t e d next Tuesday, it w o n ' t be on a c c o u n t partisans in Arlington government. They'll are stacked b y a coalition opposition. This newspaper supported Arlington c a n d i d a t e s are d e ­ of the record of n o n ­ lose because cards non-parti-sans in their reform. We b e l i e v e it has b e e n good for all A r l i n g t o n i a n s , We h o p e the n o n - p a r t i s a n s w i n at l e a s t a s h a r e of th e v a c a n t s e a t s , a n d t h a t t h i s p a r t i c u l a r t y p e of p o l i t i c a l b i c k e r i n g will stop and all county citi z e n s will a gree they should get t o g e t h e r o n s u c h b a s i c f u n d a m e n t a l s a s e q u a l i t y of t a x b u r d e n good schools, p l anned cou n t y Improvements and first-class citizenship for Arlington's large Federal worker population. Reprinted by permission DAILY of NEWS WASHINGTON � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Arlington County Board Election, Washington Daily News Editorial, October 31, 1952 Description An account of the resource Editorial, reprinted from the Washington Daily News, regarding the upcoming County Board election and the history of non-partisan government in Arlington. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Washington Daily News 1952-10-31 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_26 https://projectdaps.org/files/original/5a051a18101121c8bcd98f98b69bb80b.pdf f968a89c5961c4ef3a87379c987987fb PDF Text Text The Listening Post Column Editor: C. G len Hass Contributor: Richard Barnes Kennan Eternal V ig ila n c e T H E O L D E X P R E S S IO N , “ busy as a one-arm ed pap erhanger w ith the itc h ," c o u ld be q u ite a p tly a p p lie d to the d if ficulties th a t the schools are fa c in g to day. L ik e the paperhanger, they have a m a jo r jo b to accom plish; b u t one o f fa r greater significance th a n m ere ly m a k in g o u r e n v iro n m e n t m ore d e lig h t fu l, fo r the e d u ca tio n o f y o u th is a task o f basic social significance. L ik e the paperhanger, the schools are han dicapp ed, fo r they are beset w ith ra p id ly in crea sing enrolm ents and a lessening su p p ly o f q u a lifie d teachers, together w ith a degree o f fin a n c ia l sup p o r t th a t has n o t k e p t pace w ith the increased costs o f the present era. A n d again, lik e the paj^erhanger, they are beset b y a lo t o f aggravations in term s o f u n w a rra n te d , u n tru e and u n fa ir a t tacks against the schools and th e ir p e r sonnel. T h e “ itc h ” has gen era lly p roved to be an u n c o m fo rta b le ir r ita tio n , b u t in several instances i t has become seri ous enough to dem and f u ll a tte n tio n o f the schools, th e developm ent o f special trea tm ent, and sometimes i t has re sulted in serious a d d itio n a l loss to o u r A m e ric a n system o f education. A ttacks fro m Several S ources O ne o f the best examples o f this com p lica te d s itu a tio n fo r the schools has been the s itu a tio n e xistin g in Scarsdale, N e w Y o rk, f o r the past few years. Scars dale fo r a lo n g tim e has had an u n usu a lly fine school system o f n a tio n a l re p u ta tio n . R e cently a sm all g ro u p o f in d iv id u a ls in the c o m m u n ity began an atta c k on books used in th e classes and lib ra rie s o f the school system. T h e se v e rity and nature o f the atta ck devel ope d to the p o in t th a t i t affected the m o ra le o f the teachers a n d th e efficient o p e ra tio n o f the school system. T im e and again, however, o u ts ta n d in g c it i zens o f the c o m m u n ity , in c lu d in g some o f the best kn o w n business and profes sio n a l leaders o f the m e tro p o lita n N ew Y o rk area, ra llie d to the s u p p o rt o f the schools and the tro u b le m akers were o ve rw h e lm in g ly defeated. T h e story o f the Scarsdale a ffa ir is a va ila b le in re p rin ts o f articles, single copies o f w h ic h w i ll be p ro v id e d free o f charge by the N E A Defense C o m m ission as lo n g as the supp ly is available. O ne o f the attacks o n th e schools in recent weeks was an a rtic le w h ic h the e d ito r o f the A m e r i c a n L e g i o n M a g a z i n e had especially pre p a re d fo r p u b li ca tio n in the Ju n e issue. T h e artic le follow s the same lin e th a t th e n o toriou s A lle n Z o ll has used in a tte m p tin g by extre m ely m in o r and non -o ffic ia l items to prove th a t there is a subversive m ove m e n t in the p u b lic schools. O th e r mag azines have p o in te d o u t th a t the artic le is distorted, e m o tio n a l a n d co n tra d ic to ry to the p o in t th a t i t ge n e ra lly has, w ith a ll b u t the m ost biased readers, the opposite effect to th a t w h ic h the a u th o r a p p a re n tly in te n d e d . F o r ex am ple, in re fe rrin g to th e a u th o r o f the article, the news-magazine o f the F ord M o to r Com pany, Post 173, A m e ric a n L e g io n a t D e arb orn , M ic h ig a n , states: “ T o cite a few o f h e r inconsistencies, N o v e m b e r 1952 127 Reprinted f r o m E d u c a t io n a l L e a d e r s h ip , Vol. X, No. 2 �she states th a t we f a il to emphasize the three ‘R ’s,’ we use C o m m u n is t-in flu enced textbooks by ‘subversive’ teach ers, and th a t o u r progressive edu ca tio n is o n ly teaching o u r students to have no respect fo r parents o r la w and order, and th a t o u r schools are m ere ly ju s t a mass o f confusion. T h e n in th e n e x t b reath she states th a t we are re g im e n t in g o u r c h ild re n to the p a tte rn o f A d o lf H itle r ’s y o u th m ovem ent, to fo llo w one p a tte rn and one system, to cast th e m in to a m o ld so they w o n ’t even be able to th in k fo r themselves. I n one sen tence, we give o u r c h ild re n to o m u c h freedom w ith n o co n tro l, a n d in th e n e x t p a ragraph we d o n ’t give th e m any freedom l O ne statem ent is e xa c tly th e opposite o f th e other. T h is is ty p ic a l o f the a rtic le w ith its inconsistencies, f o l lo w in g one r ig h t a fte r the o th e r.” Loyalty O aths and In v estig a tion s T h e decision o f the U n ite d States Supreme C o u rt u p h o ld in g the le g a lity o f the F einberg la w in N e w Y o rk State is lik e ly to b r in g a bo ut a rash o f efforts to ado pt s im ila r laws in o th e r states. T h e danger o f such laws lies in the fa c t th a t they fre q u e n tly single o u t teachers fo r special suspicion and d o u b tfu l tests o f lo y a lty . T h e Feinberg la w places the a d m in is tra tio n o f the lo y a lty p ro g ra m in the hands o f the N e w Y o rk State D e p a rtm e n t o f E d u ca tio n and evidence u p to date indicates th a t the la w w i ll be fa ir ly enforced. O f p a rtic u la r va lu e is the p ro v is io n th a t any in d iv id u a l o r o r g a n iz a tio n threatened w ith damage fro m the enforcem ent o f the la w sh a ll be given o p p o rtu n ity to be h e a rd be fo re fin a l a c tio n is taken. Law s p u r 128 p o rte d ly o f s im ila r n a tu re proposed in o th e r states have o fte n been p o o rly d ra w n and fo re b o d in g in th e ir poten t ia l effect. T w o com m ittees in Congress w i ll bear w a tching as to th e ir effects on p u b lic education. T h e C o x com m ittee in the House is aim ed p r im a r ily a t in ve sti g a tio n o f edu ca tio n a l fo u n d a tio n s , b u t its activities m ay in c lu d e any type o f n o n p ro fit e d u c a t i o n a l organization. M em bers o f this com m itte e have in d i cated th a t they w i ll see th a t th e ir in vestigations are fa ir a n d constructive. Senator M cC arran has in d ic a te d th a t his com m ittee w i ll investigate education b e g in n in g w ith the colleges and u n iv e r sities and e x te n d in g d o w n in to the sec o nd ary and elem entary schools and in c lu d in g a study o f textbooks. A state m e n t released to the press, in dicates th a t Senator M c C a rra n has app are ntly pre-judged the s itu a tio n and has fo u n d education and educators “ subversive” before his investigations have o fficia lly begun. T h e analogy to the paperhanger is n o t accurate, o f course, fo r teachers have tw o arms to get the m a jo r jo b accom plished: the r ig h t a rm o f th e ir ow n d ire c t personal efforts and the le ft arm o f the u n ite d efforts o f professional organizations. T h e best “ b a lm ” fo r the “ itc h ” is the use o f b o th “ arms” to w in the frie n d s h ip and u n d e rs ta n d in g o f the citizens o f o u r c o m m u nities, state and n a tio n concerning the u n iq u e fu n c tio n and c o n trib u tio n o f p u b lic e du cation to o u r com mon w e lfare.—R ic h a rd B a r n e s K e n n a n , executive secretary, N a tio n a l C om m ission fo r th e Defense o f D em oc racy th ro u g h E d u c a tio n , N E A . Ed u c a t io n a l Lea d er s h ip � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 19, The Personal Papers of Elizabeth Pfohl Campbell Description An account of the resource 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. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Listening Post, Eternal Vigilance, November 1952, Reprinted from Educational Leadership, Volume 10, Number 2 Description An account of the resource Article describing the state of public schools and the several attacks hindering their progression. 2 pages Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 19, The Personal Papers of Elizabeth Pfohl Campbell Creator An entity primarily responsible for making the resource Educational Leadership 1952-11 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 19_6_1_1_27