Federal Funds Have
Nothing To Do With
Present School Situation
"Why don't you give the government back its money and run the schools to suit
|L" yourselves", one parent asked a school board member last week. This question or
versions of the question have been asked for the past several years of school
officials.
One school official explained the answer. Federal funds have nothing to do
with Franklin County's current school situation.
The Congress, in the aftermath of the assassination of President John F.
Kennedy in 1963, passed a bill sought by the late President. In July of 1964, the
Congress enacted the 1964 Civil Rights Act. The law went into effect on January 3,
1965 and from that date, any school system operating dual schools ? that is one set
of schools for white children and one set of schools for Negro children ? was
violating the law. L
However , Congress provided for a period of transition, giving school
systems some lime to accomfilish the / trovisions of the new law. The
Department of Health, Hducation and Welfare, (HEW) was designated by the
Congress as the agency to implement the provisions of the new law.
In 1965, HEW ordered all school systems to "head toward the elimination of
dual school systems". HEW provided guidelines in late 1965, spelling out what was
expected of the systems. All systems were not treated alike and some were required
to do more than others toward desegregation.
In the case of the Franklin County administrative unit, II EW ordered first
the desegregation of four grades in 1965-66 school year. The Franklin Hoard
of Education drew a pUin calling for this and thereby had its / >lan approved.
Approval of the system's plan meant that federal funds alloted to the county
would be received.
By the time for thel966-67 HEW approval, the Franklin system was in federal
court. HEW took the position that as long as the system was under court orders,
any plan was approved and Franklin County no longer dealth with HEW. The
county system has been under court order since that time and funds have never
been threatened.
However, due to the fact that some local parents took the School Board to
Court, the system was confronted with the NAACP legal staff in New York and
Charlotte and later the United States Department of Justice.
Since 1965, the question has never been a matter of federal funds. HEW
could hardly cut off these funds as long as the county was in compliance with
a federal court order. The School Board could not get out from under a
federal court order just by telling HEW Irdldn't want the funds.
The courts are ruling under the 1964 Civil Rights Act and basing decisions made
by higher courts in other school cases. When the U. S. Supreme Court ruled free
choice was unacceptable unless it eliminated the dual school system, the lower
courts began immediately to knock down freedom of choice plans in the various
achool units.
According to the local school official. Franklin County has never
presented a plan just to gel federal funds. All actions by the School hoard
have been directed at complying with the law as spelled out by the 1964 Civil
Rights Act and by the Court.
In instances, such as the Franklinton City Administrative Unit, the official
explained, if requirements of HEW are not met, federal funds may be lost.
However, the loss of such funds, would not restore control of the school system
back to the Franklinton Board. HEW would simply report that the system was not
in compliance with the 1964 Civil Rights Act, turn the system over to the Civil
Rights enforcement division end Franklinton would find itself in federal court.
There is a great deal of confusion on this matter and many misunderstand it. The
official said, "I hope this will clarify this misunderstanding. Federal funds have
nothing at all to do with the fact that our school board and all others are required
to comply with the law as passed by Congress and interperted by the courts.
"We receive federal funds because we are under court order. We are not in
court in order to receive federal funds", he added.
New Faculty Members
Named At Louisburg College
Louisburg College Dean John B.
York has announced the appointment
of eight new faculty members to the
college for the 1968-69 academic year.
He indicated that the unusually large
number of new professors is due to the
biggest increase in enrollment in recent
years. A new 104 bed dormitory for
women will increase the enrollment to
800 students.
The new faculty include:
Ernest Bernard Bolick, Jr., A.B.,
Lenoir Rhyne College; B.D., Columbia
Seminary; M.A., University of North
Carolina at Chapel Hill. Professor and
Mrs. Bolick have one daughter, Maria,
eight years old. They will reside in the
College Faculty Apartments. Mr.
Bolick will serve as dean of men and
instructor In History.
Ellen Jane Bryan, A.B., Pembroke
College; Graduate Work, East Carolina
University. Miss Bryan will teach in
the Physical Education Department
and will be the new dean of women.
She will live in the Faculty Apart
ments.
Adrene A. Brown, A.B., Guilford;
M.A., Appalachian State University.
Mrs. Brown, an instructor in French,
will reside at 302 West Noble Street.
Emllio S. Canclo-Bello, A.B., Belen
College; LL.M., Ph.D., Ed.D., Havana
University; M.A.T., Fairleigh Dickin
son College. The Cancio-BeUos have
three children; a son who has just
finished medical school, a son who is a
senior at Miami University and a 16
year old daughter, Pauline. Dr. Cancio
-Bello will teach Spanish and French at
Louisburg. The family will reside on
the Fox Park Road.
James Olin Hall, Jr., A.A., Louis
burg College; A.B., University of
North Carolina at Chapel Hill. Mr. Hall
will be an instructor in Recreation and
Physical Education. He will live at 302
W. Noble Street.
Barbara Anne Hudson, A.A., Louis
burg College; A.B., M.A., University of
North Carolina at Chapel Hil. Miss
Hudson, who will live at 412 Sunset
Avenue, will teach English.
Dorothy H. Sampson, A.B., McKen
dree College; M.A., University of Illi
nois. Mrs. Sampson has one daughter,
Mrs. Dan Bolognesi of Durham. She
will live in the new women's dormi
tory and will be director of the English
Tutorial Program.
Elbert Russell Stott, A.B., Pfeiffer
College; B.D., Candler School of
Theology; Graduate Work, Emory Uni
versity. The Stotts will reside on Beam
Circle. They have two children, Sandra
and David. Mr. Stott will teach in the
Religion Department at Louisburg.
The teaching faculty, equated to
full-time employment, now numbers
fifty, including four librarians.
The first session of the 1968-69
school year begins August 25.
Franklin Students Have Been
Denied Due Process Of Law
Constitutional Question Raised In Board's Stay Petition
The rights of students to an unin
terrupted education have been denied
by the August 5, 1968 ruling of the U.
S. Eastern District Court, according to
claims made by the Franklin County
Board of Education in its petition to
have the order stayed. The petition,
filed last Friday in Greenville, S. C.
with U. S. Fourth Circuit Chief Judge
Clement F. Haynesworth. also claims
that compliance with the order of
Judge Algernon Butler would cause
"disruptive and chaotic" conditions in
the school system.
Judge Butler's order, issued last
week, calls for total integration of all
county schools by the August 28
opening. To comply with the order,
students would have to be shifted
from one school to another through
out the county. In the Board's petition
^ Water Damage
Part of the water damage suffered by the new Super Dollar Store, slated to open here soon, is shown above. The sudden raiiT
storm that struck the area early Sunday morning caused the flooding of the new business located in the Beck building on (he
corner of E. Nash and Spring Streets here. A stopped-up drain at the rear door of the building is credited with allowing the water
to seep through the rear door. Harold Lamb, company official said damage estimates could not yet be made. Only uncartoried
goods, still resting on the floor were damaged. Staff photo by Clint Fuller.
Coming Elections May Explain
Speed-Up In Hew, Court Rulings
By Clint Fuller
Times Managing Editor
The latch on the spring-loaded door
of judicial restraint and bureaucratic
patience has been unlocked. Just who
turned the key remains a secret but
some clue might be found in the
timing. The door on the push toward
total integration of southern schools
has sprung wide open in the past two
weeks and many people are at a loss to
explain why.
In North Carolina, a casual count
readily reveals sixteen systems in our
area alone that have been caught in the
door-opening draft. In neighboring
Virginia, at least eleven are also catch
ing the cold from the courts and HEW.
And at least one new twist has been
reported. The Palm Beach, Florida
Board of Education is taking the fe
deral government into court in efforts
to maintain its freedom of choice
system.
In North Carolina. District Judge
Jury List
Announced
The following named persons have
been drawn to serve on the jury for
the week beginning on the 26th day of
August, 1968.
Dunn: F. H. Galloway, Charles
Blackmond, Mrs. Cleveland Bailey.
Harris: Carrie E. Murray, Byard
Roling Wheless.
Franklinton: Laura Mae Smith,
Mrs. Gary 0. Murray, Seennette Gales
Clifton, J. A. Puckett, Mrs. Norine A.
?? Smith
Hayesville: Doris Wynn
Sandy Creek: Frank S. Merritt, W.
E. Turner.
Gold Mine: Lee Durham.
Cedar Rock: Dollie H. Leonard, 0.
T. Fisher.
Louisburg: Viola Joyner, Alex T.
Wood, Sheila C. Phillips. T. L. Duke.
John D. Larkins. former Democratic
candidate for Governor has been the
busiest. He has ordered Craven County
to present a plan for elimination of the
dual school system by January 1,
1969. Pitt County has been ordered to
go to a "countywide attendance area
system and Beaufort County has been
ordered to go to a "geographic atten
dance zone" much like that ordered
by Judge Algernon Butler for Franklin
County.
In both Pitt and Beaufort, Judge
Larkins spelled out the schools and
News Analysis
how each are to be used. In Beaufort
county students will have the right of
transfer from one" district to another.
These provisions are not included in
the Franklin County order.
Judge Larkins has also issued an
order for the consolidation of elemen
tary schools this fall in Edenton City
Schools and in Chowan County
schools. Both are to have total integra
tion by 1969-70.
Northampton County was ordered
by Judge Larkins to "initiate steps this
fall to eliminate the dual school sys
tem" and is to consolidate Northamp
ton High School this fall with a ratio
of four white to every three Negro
students. Bertie County has been ord
ered to consolidate high schools this
fall and to present a plan for total
integration not later than January 1,
1969.
HEW has approved a plan by Scot
land County to transfer 850' Negro
students to predominantly white
schools and Concord has been ordered
by Judge E. M. Stanley to transfer 290
Negro students to white schools this
fall.
Other North Carolina schools in
volved with HEW include Franklinton,
RaleifR, Rocky Mount and Vance
County. Agreements have not yet been
made for the fall terms in these eases.
See SPEED- UP Page 8
for a May of the order. it claims that
"more than 3,000 students will be
shifted."
Within hours of the receipt of the
order last Tuesday, the Board met in
emergency session and ordered its at
torneys to seek a slay and to appeal
the ruling.
Judge Hayncsworth has indicated
that in view of the time clement
involved, he will issue a ruling on the
petition to stay the order immediately.
Should a stay be granted, the Board
would have a minimum of sixty days
to file an appeal to the Fourth Circuit
Court in Richmond, Va.
The Board bases its request that it
not be forced to implement the order
of Judge Butler, while appealing the
ruling, on the belief "that the adminis
trative obstacles to such a massive
transfer of students prior to the open
ing of schools .... are insurmountable
and render it virtually impossible for
them (defendants) to comply with
(the) order without disrupting the
educational continuity of the 5800
studens in the system . .
The Board also contends that stu
dents are entitled to a "continuous
education without having to undergo
the disruptive and chaotic conditions"
which will result from compliance
with the Butler ruling.
The petition also raises a constitu
tional question, which might very well
someday be decided by the U. S.
Supreme Court. The Board states in
the petition, "The Defendants do not
believe that it is the intent of the
Constitution and the laws of the
United States or the decisions of the
Court, that the students be required to
suffer such consequences which will be
caused by occurences over which they
have no control."
One school official put it this way
when he remarked, "Why should the
children be made to suffer or punished
for something they've had no part in?"
This is the first known incident in the
growing number of school desegration
cases, that such a constitutional ques
tion has been raised.
The Board also claims that it has
"been denied due process of law", and
that the order of Judge Butler was
entered without "evidence being heard
and without finding of facts to sup
port said Order". Claiming that the
Board is responsible for the education
of the students of Franklin County,
contention is made that the students
have also been denied due process of
law.
The Board supports its petition for
stay with an exhibit containing seven
statements spelling out the reasons
See STUDENTS Page 8
New Bishop Visits College
Bishop William R. Cannon, former Dean of Candler School of Theology, Emory
University in Atlanta Georgia, is shown above center, on a visit to Louisburg
College Monday. Bishop Cannon is flanked by Dr. Cecil W. Robbins, left. President
of Louisburg College and Raleigh District Superintendent N. W. Grant. Cannon was
recently elected bishop by the United Methodist Church and assigned to the
Raleigh area. The 52-year-old leader met here with Dr. and Mrs. Robbins, members
of the college administration and ministers on the college faculty.
Staff photo by Clint Fuller.