Milford chronicle., 1958-11-21
Desegregation Order
GiUen By Federal
Court Judge
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tcOuIlHuGQ from page O0eJ
Louis L. Redding. attorney for
the children involved and the Nat
ional Association for the Advance
ment of Colored People, has argued
from the beginning that it was i'm
material to him what form the plan
takes, as long as the state takes
advantage of its opportunity to
put in a plan of complete desegre-
cation.
From the time of the 1854 II. S.
Supreme Court decisions on school
desegregations the Delaware
school have moved slowly through
the courts to bringing the Supreme
Court decision to practical work
ing basis.
From the beginning, it hasn't
been case of whether or not to
desegregate, but one of who's go
ing to do it?"
The seven district school boards
named in Mr.. Redding's original
action argued that it was not their
responsibility, that the communi
ties below Dover" were not, in a
case where the emotions ran as
deeply as this one. separate en-
titles, but rather a single commune
ty.
The state boards argument op-
posed this. saying that it was up
to the local boards to submit their
plans individually to the state
board.
The local boards arguments
xxrowo srvbnTd 1.xr Trdrxo T ooIxv ax.d
subsequently by the u. S. Court of
Appeals. 1t was following that
affirmation by the appellate court
that Judge Layton issued his Nov.
II opinion.
Judge Layton said in that opin-
ion: Il want a plan submitted to
me which is not subject to further
amendment. want the plan thrash
ed out between local and school
boards.
That was the evident basis on
which he extended more time for
the submission of the plan. AS
result of it, the state board must
file it's plan by next March 6, or
los days from now.
Then, according to the order,
there will be a hearing at 1890
a. m. on March 10 when all sides
can argue the pros and cons of the
order and urge upon the court any
further changes they feel Shot Id
be made.
The order provides that the state
board will send at least four copies
of its plan to, the local school
boards which are not desegregated.
The local boards will then have
another so days to make their own
recommendations for any changes
to the state body.
After that, the plan will be in the
hands of the u. S. Court. Any sug-
gestions turned down by the state
board can be advanced at the
hearing.
Judge Layton in his order first
of all listed the specific school dis
tricts involved, saying the children
involved in the cases and all other
Negro children similarly situated
are entitled to admittance, enroll
ment and education, on a racially
non-discriminatory basis
Then he wrote that all the de-
fendants-the state and local
boards-"are permanently enjoined
and restrained from refusing ad-
mission on account of race, color,
or ancestry of respective minor
Negro plaintiffs and all other chill
dren similarly situated, to the
public schools maintained in the
respective aforementioned school
districts"
The school districts named as
defendants in the original action
were Clayton School District No.
119, Milford Special School Dis
trict, Greenwood No. 81, Milton No.
s, Laurel Special School District,
Seaford Special School District and
John NJ. Clayton No 81.
In addition to Mr.. Redding, other
attorneys taking part in the discus
sions that led to the order were
Chief Deputy Atty. Gen. F. Alton
Tybout, representing the state
board; Vincent A. Theisan, presi-
dent of the state board; James NJ.
Tunnell, Jr., and Everett F. War
rington, representing the state
boards.
The state board meets in Dover
sr~Tn