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Thurgood Marshall — Part 5
Page 20
20 / 189
Integrate by 1964,
ity Schools Told
Election Provision .
Ordered Scrapped |
By MARTIN HAAG
Feslera} District Judge T. Whitfield Davidson or-
‘ered the Dallas Schoo] Board Saturday to scrap the
lection provision of its “salt-and-pepper” integration
Thus, specific schoois will be integrated in all
grades, beginning Sepember, 1961, regardless of the outcome of a
forthe ine election by Piste orders
Ae AFL S IS, MB Be TU 8
“It is the order of this court that the school board adopt with-
out delxy a plan of consent, without tying it to a referendum,”
Judge Davidson said.
Judge Davidson, who suggested an election in earlier hearings,
urged the board to go ahead with the referendum. “Tt is necessary,”
he said, “to remove doubts as to the district's right to that state
money.”
Under state law the school district could lose about $3,000,000
in state funds, lose accreditation and face fines for schoo! offi-
cials if it integrated without voter approval.
Judge Davidson said tha t even if Dallas voters turn down inte-
gration in an election, he doubis the sta te can invoke the law on.
the district's “plan of consent.” He said. that “‘salt and pepper’
integration is not complete integration and he thinks the state;
"The Dallas Morning News"
Jack B. Krueger, Managing
Waa tne
GALLVOL
Dallas, Texas
Submitted by Dallas Office
U
Cc fet ant Ll = ae ad
YA yee
He said “it would be well_to Hie hinted further objections ~
-@imend the plan to say Lice el amended plan.
att = mlantinn tn Durham onened his afteck on
about af qiccuon, io SG oat; Lurham cpence ettack on
balance of the plan and go abead (the plan’s “item 1,” which made
"end let the integration matter take /all other provisions contingent on
its course.” the state-decreed election. on. Then
4
iaw covers only total desegregation. Opposing counse! were undecid-/he opened a gambit of to
If Dallas voters approved integration the threat of state penal-igg "er whether another bearing\show that under certain i
ties would be removed and. Judge Davidson said. “the court would would be required. tions in the board's i
order immediate wholesale integration.” attorney W. J. Durham tegration plan Do ion
F
scion board could mae direct appeal to the United States), MOE jost can't comment ven-‘would exist. me
Court should state officials cials attempt to penalize the dis SPR ~Grmthe decision Under questioning by Duiham,
Supreme
trict for integrating without a favoreble referendum, the judge! read the judge's written opinion.” Dr. White admitted that - under
anid. — a ~” felroumstances outlined by the Ne-
“Tf a court, the Supreme Court, can set aside the laws of a state gro lawyer the plan would pot
(for ing segregated schools), that court can also set aside the result in integration, i
ing aa election,” be advised. !
“You are faced primarily with
@ qmestionof .” Judge
Davidson told Supt. W. T. White
and school attorney Henry W.
Strasburger.
poe ee A a
rs
ewe
- ca
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