Milford chronicle., 1959-05-01

between the academic achievement
pOtentials of the two races, while
less pronounced, would begin tC
appear at the fifth and sixth grade
age and the resentment of the COM
munity would be equally strong.
Even the thought of desegrega-
ting Immediately some portion OF
the elementary grades presents
definite problems, although obvi-
ously of a much lesser degree
The variation in the achievement
potentials between. the two races
is not too significant at the third
grade level, for instance, nor does
racial prejudice usually exist al
that early stage. Nevertheless, DR.
Simpson, Superintendent of the
Caesar Rodney School testified that
"* to add students from the
Star Hill (colored) School would
certainly overcrowd the facilities
that judging from Defendants Ex-
hibit 4, if the first three grades
were now desegregated, the enroll
ment of Kenton School H9 would
be increased 26 per cent, Ellendale
over 25 per cent, MillsbOrO about
33 per cent and Bridgeville as much
as 80 per cent Again, examples
may be multiplied.
First 3 Grades Possible
Even so. 1 suppose it would be
possible to integrate the first
three grades Immediately. Statis-
tics may be variously interpreted.
The point is debatable. The State
Board does not feel so. 1t has an
advisory staff composed of experts
in the field. They know the prob
lens involved both from the point
of view of education, administra-
tion and finance. Many of these
gentlemen, DR.. Madden, Superin-
tendent of the Seaford Schools, for
example, come from areas wholly
free from racial prejudice. To a
man they agree that any plan
calling for integration on any
wider scale than the one here pro-
posed would be a. mistake. Under
such facts, for me to substitute
my judgment for theirs would not
only offend familiar legal princi-
pies but would, in effect, infer lack
of good faith on the part of the
State Board of Education.
Bad faith has been charged. To
the contrary the State Board acted
with considerable courage in at
tempting to take over the opera
ton of the Milford Schools under
plan of integration put into
effect Immediately after the an
nouncement of the first decision in
Brown v. Topeka. The deep and
lasting animOsities, threats of vio-
lence and damage to school NOR
ale occasioned by that unfortu-
nate incident, to the embarrass-
ment of us all, have become a mat
ter of record in the public press
throughout the entire country. Ul-
innate responsibility is a heavy
burden as only those who have had
it can appreciate. Knowing what
has happened not only in Della
ware but elsewhere, and under
standing the temper of the South
ern Counties, the Board in the best
of faith, / am certain, devised a
plan, which in it's Judgment would
both get desegregation under way
at once and, at the same time,
create the least possible Opposi-
ton. Under such circumstances,
any imputation of bad faith must
be rejected.
What has. just been said not
only raises an important aspect of
the integration question which
should be met headon but also il
lustrates my reason for overrul-
ing the plaintiffs objections to the
admission of evidence as to the ef-
feet of desegregation upon pre-
dominantly Southern society.
Cites Little Rock
The plaintiffs protested strenu-
ously against the admission OF
such evidence upon the ground
that it is wholly irrelevant to the
issue here and cited the following
language from Cooper V. Aaron,
IS S. Ct. 14O1, the so-called Little
Rock case," in justification of their
position:
"The constitutional rights of re.
SpOndents are not to be sacrificed
or yielded to the violence and dis
order which have followed upon
the actions of the Governor and
LEGISLATURE Thus law and
order are not here to be preserved
by depriVing the Negro children
of their constitutional rights"
Read in it's proper context, no
one would presume to disagree.
Here, however, we are faced, not
with the question of whether there
shall be integration at all, but
with deciding the most sensible
way of carrying out what is al
ready an accomplished fact. The
oretically, a Court should be very
slow to uphold or to reject plan
of desegregation based upon fear,
and fear alone, of its effect upon
hostile community. Thus, the
threat of desegregation on a wide
scale in a section where racial
prejudices exist may cause neigh
bors to cease speaking, threats of
violence, mass meetings of pro-
test and misguided individuals dis
guised in sheets to burn crosses
on peoples lawns. Standing alone,
this might be said to be regret
table community problem quite ir-
relevant to a consideration of whe-
ther or not a given plan of integra-
ton is reasonable. The difficulty
is, that a practical matter, some
demonstrations can never stand
alone. Inevitably, they overflow
into the classrooms and then we
have a Little Rock, a massive re-
sistance movement or another Mil
ford incident. AS. a result, the
schools are filled with emotional