Milford chronicle., 1960-07-22
VIII Request
ReheGring On
IntegratiOn
CONTINUED from 3aga one)

MT. BONe issued LnlS statement.
Il have not yet received the
opinion. Apparently from the wire
service reports the grade-a-year
plan has been held by the U. S.
Third Circuit Court to fail to pleet
the deliberate speed requirements
of the United States Supreme
Court in the Brown cases.
IF the reports of the opinion are
accurate then t e opinion differs
from an opinion of the U. S. SIXTH
Circuit Court of Appeals in the
Nashville case Ga similar case)
where such a grade-a-year plan
was approved Further, the U. S.
Supreme Court by falling to enter
tain an appeal of the U. S. Sixth
Circuit Court ruling in the Nash
vile case in effect approved it.
Since the State Board of Edu-
cation whom / now represent has
directed the past two previous at
torneys general to carry this mat
ter to the United States Supreme
Court, do not anticipate that the
present Board will give me differ
ent instructions.
Though my recommendations
and those of the other lawyers,
who represent local boards in this
matter, cannot be formulated un-
til this Appellate Court opinion
has been carefully considered, it
appears that we are likely to petit
ton for re-arguInent of the case
before the full Appellate court and
that we will carry the matter to the
u. S. Supreme Court if necessary
inasmuch as there appears to be
conflict of opinion between the
U. S. Sixth Circuit Court ruling and
that of the U. S. Third Circuit
Court"
Mr.. Bove said he and Mr.. Tun-
mel and Attorney Everett F. War
rington. representing the Milton
school district, would study the
three-judge opinion when it ar
rived from the Court.
The U. S. Third Circuit opinion
ruled Tuesday that all 20 Negroes
should be admitted to public
schools this fall and directed that
the grade-a-year plan remain in
effect until the full integration law
starts.
The Court asserted in its 2-1 de-
cision, written by Chief Judge John
Biggs, Jr., that although some 1000
Negroes were eligible for integra-
ted classes only about 500 would be
expected to apply for admission to
previously all-white schools.
This was in answer to the plea
by Delaware state and local school
authorities that total, immediate
integration would overcrowd school
rooms and oyertax teachers.
Judge Biggs wrote:
"It has been the experience in
school desegration that large
number of Negro children do not
seek integration even when Offer
ed the opportunity. This is COM
mon knowledge
Judge Harry Kalonder joined
Judge Biggs in the majority opin-
ion.
Judge Herbert Goodrich in dis
senting wrote:
1t seems to me that in view of
the local social inertia against any
plan at all that the one submitted
and approved is as good as we can
expect in view of the obstacles to
be overcome in making it work"
Judge Biggs, in considering the
Milford area situation of five years
ago, observed further:
"Concededly there is still some
way to go to complete an unquali-
fed acceptance but we cannot con-
clude that the citizens of Delaware
will create incidents of the sort
which occurred in Milford five
years ago
Members of the State Board of
Education will be called into a
special session soon to consider
the U S. Third Circuit Courts or
der, Vincent A. Theisen, president
of the Board, said.
Theisen said he would not at
tend the boards next regular meet
ing because he was leaving for a
previously planned vacation.
I'VE will await our attorneys
analysis of the Circuit Courts OPP
inion and later call a special meet
ing to consider their recommenda-
tions. We want to consider the mat
ter fully before making any state
nents" Mr. TheisnrT said