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Louisburg, N. C.( Tuesday, August 22, 1967
(Eight Pages Today)
98th Year-Number 53
Court Kills
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The BVanVltn Hnar<4 n? BH.I- 1? n.r?ri rst Ik. - - "
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Free Choice
? 'I ? .
cation, meeting In a six-hour session
here Saturday, directed Its attorneys
to appeal the order of U. S. Eastern
District Judge Algernon Butler, which,
among Other things, called tor an
end to freedom of choice In the county
school system.
The ruling, received here Saturday
morning by mall, ordered the Board
to place at least two Negro teachers
In every predominantly white school
and two white teachers In all Negro
schools for the coming school term.
The Board was also ordered to assign
? - fv> VVMI V* lira XVQ* V BVIIW* pv|/
ulatlon to predominantly white schools
(or the coming year.
In the matter of pupil assignment,
the order directed "The defendants
shall prepare and submit to the court,
on or before October IS, 1967) a plan
for the assignment, at the earliest
practicable date, of all students upon
the basis of a unitary system of non
racial geographic attendance zones,
or a plan for consolidation of grades,
or schools, or both". ' j i
Also Included In the order was the
requirement that "Thedefendants'shall 1
Violence Blamed, Board
Appeals To Fourth Circuit
make a provision In the plan (or the
period of time over which the con
version to a desegregated school sys
tem shall be accomplished and shall
set forth a schedule of steps to be
taken to effect this conversion".
A statement, released by the Board
late Saturday, set forth these require
ments of the order, announced that
the ruling would be appealed and said,
"Pending further study of the Court
Order, the Board of Education has no
further comment". '
In his Findings of Fact, Judge Butler
said, "There Ls marked hostility to
school desegregation In Franklin
County, and wide publicity has been
given to the acts of Intimidation,
threats and reprisals against Negro
parents who have requested reassign
ment of their children to previously
all-white schools Community
attitudes and pressures In the Frank
lin County School system have effect
ively Inhibited the exercise of free
choice of schools by Negro pupils,
and their parents".
Saturday Accident Scene
Six Hurt In Wrecks
Members of the Loulsburg Rescue
Service are shown above around 8 p.m.
Saturday aiding Raeford Horton, w/m/
21, following an accident on State Rural
Road 1103 near Clifton's Pond. Bobby
Young, w/m/24, reportedly the driver
of the car was trapped Inside the over
turned vehicle and Rescuers had to
tree him. Both men were taken to
Franklin Memorial Hospital and later
transferred to Wake Memorial.
Willie Perry, c/m/38, of Newport
News, Va. was transferred from Frank
lin Memorial Hospital to Duke Saturday
night after a freak accident at Center- -t
ville. Perry, accidentally hit the
accelerator of a car In which he was a
passenger after the driver had gotten
out at Pleasant' s Garage. The vehicle
took off, striking a road sign, a parked
car, the side of L. S. Ward's store
and finally coming to rest at the Lan
caster Stables building. Perry suffer
ed an eye injury.
A two-car collision at the Blckett
Blvd.-Bunn road Intersection Monday
night around 6 p.m. sent three persons
to the local hospital for treatment
although none were believed to be
seriously Injured. Sylvester Bryant of
New York was charged with failure
to yield the right of way, when the car
he was driving struck a vehicle driven
by James H. Gilliam, w/m/29, Rt. 2,
Loulsburg. Two Negro women, pas
sengers In the Bryant car were re
ported injured.
Board Bums Midnight Oil
282 Negro Pupils
To Be Reassigned
The Board of Education, burning the
midnight oil in a. special meeting here
Monday night In search for 282 Ne
gro students scheduled to be reassign
ed to predominantly white schools, rei
terated Its Intentions to fight for Its
freedom of choice plan of school de
segregation.
Board attorneys Edward F. Yar
bo rough and Charles Davis said the
appeal to the Fourth Circuit Court In
Richmond, ordered Saturday by the
Board, would be made within the week.
Such an appeal could not be heard,
they said, for at least 120 days. Board
members expressed a determination to
take every legal means to save the
freedom of choice plan In the county
system.
Meeting with principals of all county
schools, the Board paired off Into
groups with each Board member hand
ling his own district, to search for
282 Negro children to be reassigned
under the court order to predominantly
white schools. No details were an
nounced, but It was reported when the
meeting ended near midnight, that con
siderable progress had been made.
The court order calls for the transfer
C. Ray Pruette Installed As
Lion's District Governor
C. Ray Pruette of Frankllnton, Chair
man of the Science Department of
Loulsburg College and a member of
the Frankllnton Lions Club was In
stalled District Governor of Lions
District 31-G In ceremonies here last
Friday night.
The gathering of Lions and guests
from 26 of the near-forty clubs In
the district, heard past International
president John L. (Jack) Stlckley, prin
ciple speaker, refer to the popular Pru
ette as a "great man in the true
significance of the word".
College Dean John York, substituting
for an ailing Dr. Cecil Robblns, told
mgaagm
the near-300 present, "You have made
a wonderful choice (In the selection
of Mr. Pruette/'. He spoke of the
College's pride in having him as mem
ber of the faculty. In reference to
Mr. Stlckley, who Is widely publicised
as a Republican gubernatorial possi
bility, York said, "He may be? I don't
know? but he may be living within
commuting distance soon". Stlckley
now resides in Charlotte.
Later, Stlckley In an obvious refer
ence to the speculation, told of a
statement he made to his wife as she
See PRUETTE Page 8
Lions Installation Principals
Principal* at Friday night' ? Lions Installation banquet bar*
are shown abort. Left to right, John L. (Jack) Stlcklay of
Charlotte, past International president; Dr. Amos Abrama,
Toastmaster; newly Installed District Governor, C. Ray Pruette;
Immediate past District Governor, W. Monroe Gardner of
Warrenton and Bill Johnson, President at the Frsnkllnton Lions
the home club of Mr. Pruette. Phot# by Clint Fuller.
at 10 percent of the Negro school popu
lation Into white schools. This re
presents 328 total, with 46 having al
ready been assigned under the freedom
of choice plan.
The breakdown, according to schools
Is as follows: Bunn, 89; Loulsburg, 87;
Gold Sand, 44; Youngsvllle High School,
40; Epsom, 28; Edward Best High School
22 and Edward Best Elementary School
17. The Board acted Saturday In
deciding that the 328 would be equally
divided among all schools with each
having the same ratio.
Teacher vacancies and the pending
transfer of some teachers across racial
lines were discussed, although no an
nouncements are expected on teachers
until sometime alter a general teach
ers meeting called for next Monday.
The court ordered that at least two
teachers of the minority race be plac
ed In each school. Some such place
ments have already been made with
others being worked on.
In other actions, Monday night, the
Board ordered lour mobile class
rooms, three ol which were already
on standby. These are expected to be
stationed at Loulsburg and Bunn, where
the heaviest load ol new students will
be assigned.
Ruling Delays Opening
Of Schools Until Sept.7
Requirements of the U. S. Eastern
District court order, received here
Saturday, have forced the Board of Edu
cation to delay the opening of schools.
Originally slated for August 31 to be
the first full day of the coming session,
the Board moved the opening to Sep
tember 7.
Teachers will report as originally
scheduled on Monday, August 28 for
a general teachers meeting. Much of
the general business originally slated
for the session however will be elim
inated. It Is expected that teachers
will be told the provision* of the court
order and asked to volunteer to cross
racial lines where needed to comply
with the order. The scheduled Reading
Workshop was canceled by the Board
Saturday and teachers will report to
their respective schools following the
general meeting on Monday.
Teacher-Principal and Teacher
Parent Orientation as well as Teacher
Pupil Orientation, originally scheduled
for Tuesday and Wednesday, August 29
and 30th have been changed to Tuesday
and Wednesday, September 6 and 6th.
Pupils will attend school on
Wednesday, September 6 from 1:30 p.m.
until 3:30 p.m. for assignments, etc. as v
originally planned. School buses will
operate on that day.
Union, NLRB
At Work Here
Unconfirmed reports have It that a
representative of the National Labor
Relations Board will hold some type of
hearing here Wednesday morning at
10 a. m. In the county courthouse. Plant
officials, workers, and Industry offi
cials are all holding to a no comment
attitude.
Reports, also unconfirmed, say that
a representative of the Amalgamated
Clothing Workers of America has been
in the area for the past sis weeks
attempting to organise workers at the
Lou Is burg Sportswear plant here.
There has been no confirmation of
this, although it appears to be general
knowledge among local citizens.
Details are almost impossible to
oome by, as officials continue mum
on all questions.
Also reported by reliable sources is
that the union representative made
some attempts to obtain use of the
Loulsburg armory and/or the oounty
courthouse tor a general meeting. The
meeting, however, has not as yet ma
terialised.
While the court order did not effect
school bus operation as such, reassign
ment of a number of Negro students
will necessitate some additional routing
and rerouting of buses. The Board has
made no announcements on this as yet.
It Is expected that schools will operate
on a short schedule for the first week
or through September 15, as the Board
had previously ordered due to the
tobacco harvest. This called for stu
dents to attend classes from 8 A.M.
until 1 P.M. with meals being served
In the cafeterias.
In hit Conclusions of Law, Judge
Butler ruled "During the thirteen years
since Brown 0954 Supreme Court
ruling on School Desegregation) and
during three years under the so-called
"freedom of choice" plan ....
reasonable progress toward the elim
ination of the dual system of schools
in Franklin County based on race or
color has not resulted. A more speci
fic and more comprehensive order
Is therefore necessary and appro
priate".
The Conclusions continued, "Every
freedom of choice plan must be Judged
on a case by case basis. The plan
must be tested not only by its pro
visions, but by the manner in which
It operates to provide opportunities
for a desegregated education . . . . It
Is constitutionally Impermissible and,
Indeed, a misnomer when the choice
Is not free in fact".
"This court has found that community
attitudes and pressures in the Franklin
County School system have effectively
Inhibited the exercise of free choice
of schools by Negro pupils, and their
parents. So-called "freedom of
choice" under such circumstances is
an illusion", the Order concluded.
An appeal by the Board of Education
to have the case reviewed by the U. S.
Fourth Circuit Court, headquartered
in Richmond, Va. could delay some
or all of the provisions of the Saturday
order. Normal legal procedures In
dicate that attorneys for the Board will
ask for a "stay" of the order while
the appeal Is * pending. If such a
"stay" Is granted, the provisions of
Judge Butler's order would not go Into
effect until after the appeal Is heard.
Should a "stay" not be granted, the
Board must act immediately to bring to
ten percent, the number of Negro stu
dents In the predominantly white
schools.
The Board must also assign teachers
across racial lines to gain at least two
oi a minority race in every school.
The Order states, "Defendants shall
take Immediate affirmative steps to
accomplish substantial faculty dese
gregation . . . not withstanding that
teacher contracts for 1967-68 school
year may have already been signed
and approved".
The Court approved the Board's Ob
jective Standards for the Employment
of Teachers as filed last August. The
Board was also ordered to "take prompt
steps necessary to provide physical
facilities of quality equal to
that provided In schools previously
maintained for white students" for
schools heretofore maintained for
Negro students.
In reference to members of the Board
of Education, Judge Butler stated,
"Following the Interim Order of July
27, 1966, counsel for all parties
and the defendant School Board met
with representative groups of the white
and Negro community and made good
faith efforts to eliminate the pressures
that Inhibited a free choice of schools.
The fact that they failed cannot be
attributed on this record to the de
fendants".
Judge Butler also referred to his
ruling of February 21, 1966 when he
"... found that the defendants have
acted In good faith". The Court
also noted that "The defendants deny
that they are operating a racially
dlscrlmatory school system. They
assert that they have complied with
every provision of the Interim Order
conscientiously and In good faith, and
that all Negro students requesting as
See COURT Page 8
Case Against Officals
Dismissed By Judge
U. S. Eastern Court Judge Algernon
Butler Issued an order of dismissal
last Friday In a civil case Involving
a suit by a California prison Inmate
against Franklin Superior Court Clerk
Ralph Knott and Seventh Sollcltorlal
District Solicitor R. G. (Buck) Rans
dell, Jr.
The suit had been brought by John
B, Vester, an inmate of Correctional
Training Center, Soledad, Calif, last
June. Vester sought $250,000 from
the two officials for "violation of his
civil rights."
Judge Butler's ruling says, "The
court Is of the opinion that prosecuting
attorneys acting In their official ca
pacities are entitled to immunity from
suits under the Civil Rights Act and
other suits arising out of their Judi
cial and quasi-Judicial acts, without
regard to their alleged motives in so
acting." He also said, "A like im
munity extends to other officers of
government whose duties are related to
the judicial process."
The latter was obviously, in reference
to the Clerk of Court.
Vester had contended that a post
conviction petition for a hearing to
review his October 1900 trial and
conviction of escape, was not pro
perly or timely presented to the ap
preciate Judge.
The Clinton (N.C.) Jurist ruled, "It
Is ordered that the complaint Is dis
missed."
Vester had claimed that Knott failed
to present the petition to a Judge
"Immediately after it was received by
him."
Missing County Man Found
Artla Marshall, bellaved about 5S
years old, of Rout* 1, Cast alia in
Franklin County, waa found this morn
ing around 9 a.m. by searchers in a
wooded area near Pearce*s Cross
roads. Centervllle Rescue Service
brought the man to Franklin Memorial
Hospital suffering from what waa
termed a paralyzing stroke.
Marshall, missing since Sunday
morning, was the object of a search
by Sheriffs officers, Centervllle Res
cuers and neighbors which lasted until
late Monday night. Called off around
11 p.m., the searchers resumed work
this morning. It was reported that
Marshall was first sighted by his son.
The location where he was found is
about a mil* and a half from hi* bom*.
Sheriffs deputle* reported that th*
ailing man was able to "alt up" and
to mumbl* aom* words. Thay said,
how*r*r, no attempt waa mad* to
question him at this tlm* du* to hi*
condition.
H* waa last s**o at a neighborhood
store around ( a.m. Sunday aad Is
believed to bar* followad an old rail
road b*d through th* wooda as a short
cut home. Rain hampered rescue ?
Monday night, although Ian
tlnu*d to March Into th* night. I
William T. D*m*nt was Mgh I
of the splendid cooperation
by the, p*opl* helping In th??