Mr .A| THE CAROLINA INDIAN VOICE fllifff i post office box iv7s PUBLISHED EACH THURSDAY pv.mbroke, n.c. auu p^valli " ai /k /a " \\ Wp??? i ' .??' i ? i fg, M i . ?,' ? ? i'i' i ? ? LUMBERTON SCHOOL DISTRICT ANNEXATIONS NOT ALLOWED TO PARTICIPATE IN LAST TUESDAY'S VOTING 1 r On Friday, October 30, 1981, the United States Supreme Court stopped residents of the Lumberton School District annexation areas outside of the city limits from participating in this past Tuesday's election for the Lumberton City Board of Education. The top court decision over-ruled the decision of a lower court panel consisting of Circuit Judge Dickson Phillips and district judges Franklin Dupree and W. Earl Bcitt (Britt is a Robeson native just recently appointed to the federal bench). Robeson County is one of 39 counties in North Carolina subject to the precisions of the Federal Voting Rights Act of 1965. Under the Act, local units of government, such as the Lumberton City Board of Education, must obtain federal approval for all changes in the law affecting voting, such as annexations to the local unit, before the changes can be enforced. Tba United States Attorney General is charged with the responsibil ity of enforcing the Act and must determine that such changes will not adversely affect the voting power of minorities before they may be approved. The Act was virtually ignored in Robeson until 1974 when Dexter Brooks, while a summer la win with the Trl Bightr Division or tne united Mates Department of Justice, catalogued for federal officials the wholesale local violations of the federal law. At the time Brooks was attending the University of North Carolina School of Law in Chapel Hill; he is now in the general practice of law in Pembroke and^omeidantally represents the Robeson County Board of Education. FEDERAL OFFICIALS OBJECT * TO ANNEXATIONS After bringing the matter to the attention of Lumberton school officials and giving them ample opportunity to defend themselves, the annexations were formally objected to on June 2,1975 upon the school board's failure to adequately demonstrate that the annex ations did not have a racial purpose or effect. As most of our readers recall, the annexations known as Barker Ten Mile, Lakewood Estates, Clybum Pines and County Club, were annexed to the Lumberton City Schools in the late sixities and very early seventies at a time when federal civil rights officials were pressing for the desegregation of local public schools. Of concern to the over whelmingly white residents of the areas was the federal mandate which would have required their children to attend the majority Indian schools of the county, including Magnolia -and Piney Grove. After extensive contact with local residents and after personally viewing the meandering, convoluted lines, fede ral officials concluded that the intent and purpose of the annexations was to insure the inclusion of the predominately white subdivisions and areas adjacent to the City of Lumberton while excluding predominately Indian or Black areas. UNEQUAL STANDARD FOB RELIEF At the same time that these annexations were occurring many In dians, especially in the western part of the county, were being forced to attend non-Indian schools located in the various city units instead of their traditional schools in the county school district. This requirement lead to near violence at Prospect School in 1970, nevertheless, local legislators were not disposed to grant to the Indians the same relief that was granted to whites. While the whites were seeking to get into the city school units, the Indians were seeking to get out! It should also be noted, however, that the Indian residents in the Piney Grove area were seeking to be annexed to the Lumberton City School Unit in contrast to the Indians in western Robeson. The result was the same in each case, however, as the wishes of the whites were granted while the wishes of the Indians were denied. A TALE OF TWO LAWYERS Interesting enough, about this time, a similar annexation occurred to the Fairmont School District in Sterlings Township, however, this annexation was submitted to and approved by federal officials. The Fairmont Board of Educa tion was represented then by W. Earl Britt (who as a federal judge is now sitting in judgment of the Lumberton case) and the annexation was approved at a time when local folics were less knowledgeable concerning the provisions of the Voting Rights Act. The residents of the Lumberton annexed area were represented by W. Osborne Lee, Jr., a Lumberton attorney who is well- known to our readers because of his unsuccess ful, hotly-contested legal efforts on behalf of Alfred W. Cook against the Town of Pembroke. Mr. Lee did not see that the annexations were properly submitted to the justice department at the time of their occurrence and, as a consequence, seemingly, must bear much of the blame for the subsequent federal disapproval. Many persons were surprised, some pleasantly, when the Lumberton Board of Education retained Mr. Lee to assist their own experienced counsel John Whisart Campbell to defend against the voting rights suit brought by Lumbee River Legal Services headquartered in Pembroke. As some saw it, Lumberton had hired the very man to get them out of the mess who had gotten them into it in the first place; perhaps this is why Mr. Britt now sits cm the bench rather than Mr. Lee. POLITICAL EFFORTS BY LUMBERTON According to knowledgeable obser vers, this is the first time that any case arising out of Robeson County has been carried to the United States Supreme Court. What they have been unable to obtain through the legal process, how ever, the Lumbertonians are now seeking to obtain through political persuasion. According to informed sour ces, "Obbie" Lee was recently a visitor to the Department of Justice in Wash ington, DC in the company of Ed Johnson and Tom Gibson, two local conservative political pols. Johnson is the Republican County Chairman and a life insurance salesman while Gibson v was an unsuccessful candidate for sheriff in 1978. Each is also a member of the local right-wing political action commit tee- the Conservative Response. Given the Republican administration in Wash ington, seemingly political bands of all featherings will be flocking together in an effort to do politically what they have been unable to do legally. John Merritt, Congressman Charlie Rose's Chief Ad ministrative Assistant, who also atten ded the meeting, termed the meeting "highly irregular" and, upon finding Johnson and Gibson there, "against my better judgment." Again, according to informed sources. Lee tried to persuade the Justice Department that Lumberton was even handed because of the annexation of a Black area in South Lumberton also, in this regard, it should be noted that the Black area was however an annexation to and by the city proper and not just to the school district, thus, the Black area is now within the city limits unlike the contested annexations. It would seem that Mr. Lee is comparing apples with oranges in his desperate efforts to persuade justice to rescind its objection. WHERE THE SITUATION STANDS NOW The United States Supreme Court has addressed itself to only one issue in the case: that the residents of the annexed areas may no longer vote in Lumberton School Board elections. As a necessary consequence, however, such residents are no longer qualified to serve on that school board, thus. Ms. Dorothy Powers was ruled an ineligible candidate irt Tuesday's voting. The sarqe would also be true of another member presently sitting on the board. The issue yet undecided is whether the students who resided in the annexed areas may continue to attend Lumberton Schools or whether they must attend the county schools. Knowledgeable sources are not too optomistic about the plaintiffs pre vailing on the issue before the same local federal court, however, they are quick to point out that an appeal from such an adverse decision would again go directly to the U.S. Supreme Court where the odds are rated at better than even. It should be noted for local politician! that Justice Sandra O'Day Conner, a Repub lican and President Reagan's only appointee to the court, voted wMh the majority to enjoin the annexed areas from further voting. They do point out. however, that such an appeal wMI not be heard as quickly as the lest time since the annexed areas will no loafer be voting in farther elections. Continued Page 2 The Carolina Indian Voice sponsors a $250 Christmas Shopping Spree ..aw part of subscription drive PEMBROKE-The Carolina Indian Voice is kicking off a massive subscription drive this week which is sure to have considerable interest with our readership. It is our Christmas gift to everyone. Beginning November 5, the CareRna Indian Voice will begin "keeping a list" like 01' Santa. We will keep "a Rat" of those who take out a new subscription, or renew their subscription to The Carolina Indian Voice until December 17. On December 18 we will hold a drawing at the offices of the CaroHna Indian Voice to determine our "UN Christmas Shopping Spree" winner. Yon do not have to bo present to win! The drawing will be open to all those who renew or take out a new subscription between November Sand December 17. If you already have a subscription you may renew your existing subscription and extend It for a year. Our lucky winner will win a check for S250 made out to either of our three major food store advertisers. Bos. Pfggly Wiggly, or Harris Teeter of Red Springs. Sign up now and take a chance on winning our S2S0 shopping spree at Ptggly Wiggly, or Bos in Pembroke, or Harris Teeter in Red Springs. This is our way of saying "Thank yea!" to our readership and to our advertisers. The eealeet la epea la Rabssan Caaaty leeMaate eafy. The rules are simple. Take out a new subscription or renew your existing subscription. Too, die chock to our winner can only be redeemable at either Piggly wiggly in Pembroke. Bo's la Pembroke, or Harris Teeter In Red Springs for the purchase of food. This way we oaa aay "Thoak yea" to you the public and our wonderful food score advertisers, Bo's, Piggly Wiggly, or Harris Teeter. This la our way of saying "Many Chilian sat" to all of you. Wo are thankfhl to you for your rupport in the past and wo are looking ffo^vard to mare readers to the (>4W6Iba VbIbb ih# tHronici#f tif (H# hippf And t'oncprni iff ? sflil ? ' V- '/ t ? , t v * f g - '^1/ VETERANS DAY SET FOR NOV. 11 WEAR IT PROUDLY MADE BY g \ f* Vtv*** * **?