Somewhere in there, yes.
But the NAACP had sued the Durham County schools for integration of
the schools. The School Board, when I became a member of it, had had an
integration plan accepted by the Federal District Court in Greensboro in
1968, which said that the high schools and junior high schools would be
integrated in the fall of 1969, and because of space limitations
Page 12 and the need to purchase some mobile units to
accomplish integration at the elementary school level, the Federal
District Judge in Greensboro had given then a year's delay
for the integration of the elementary schools. So the elementary schools
were to be fully integrated in the fall of 1970. In October, well, let
me go back. So the high schools and junior high schools were integrated
in the fall of 1969 as the court order directed. I remember thinking at
that time, we had three high schools, Southern High School, and Jordan
High School, and Northern High School, and based on the principals that
were employed in those high schools at that time, I remember speculating
in my own mind as to how successful the integration of these high
schools would be. There was a lot of discussion in the community that
there would be problems at Southern High School because the Southern
High School mascot was the rebel, and they use the rebel flag, and there
was a lot of concern that that would be, and it was pretty much that the
community thought of it as the red neck part of town. There was less
concern about Jordan High School because primarily, Jordan High School,
over the years, has been attended by pretty affluent families, both
black and white. And there the aspirations of the parents are in
concert, their expectations of their children, and something like ninety
percent of Jordan's youngsters go on to four-year colleges
and that kind of thing. So there was not much concern about how
integration was going to work at Jordan High School because of the
backgrounds of the children who went there. And Northern High School,
nobody really knew how it would go there. You had quite
Page 13 a mix. But I remember thinking that we had a principal,
Sidney Ray, at Southern High School who is probably one of the most
sensitive and compassionate people that I know. At the opposite end of
the spectrum, at Northern High School, we had one of the toughest, old
line, hard-nosed, rigid principals in the system, and I remember
thinking to myself, "There will never be a problem at Southern
High School because Sidney Ray won't let there be a problem.
If there's going to be a problem, I'm going to bet
it's going to be at Northern High School."
We'll come back to that in a minute because I need to go back
to the chronology of what happened next. At any rate, the high schools
and junior high schools were integrated in the fall. Then we had the
Alexander vs. Holmes decision out of a court in, I
think it was Alabama, in the Circuit Court in Alabama, which said not
only will you integrate, but you'll do it now. The
"all deliberate speed" rationale is over, all
deliberate speed is not taking place, and the Supreme Court spoke very
forthrightly and Alexander-Holmes said you'll do it now. The
very next day, the NAACP filed suit in the Court of Appeals in Richmond,
and said based on the Alexander-Holmes Decision, we want the elementary
schools in Durham integrated now. So the Fourth Circuit Court of Appeals
agreed to hear the case in December. I believe it was the eighth, and I
went with our Board attorney to Richmond, and our whole approach to the
Fourth Circuit Court of Appeals was that it would not help any child,
black or white, to integrate the schools in the middle of the school
year, that it would cause tremendous disruption, whether they be black
or white. [Students]
Page 14 form attachments to their
teacher. The teacher spends the first three or four months getting to
know the children and evaluates them and figures out how
they're going to teach them, and to undo all that would be a
terrible disadvantage to all the children, to play "turn over
the fruit basket" in the middle of the year. That was the first
case that Clement Haynsworth sat on in the Fourth Circuit Court after he
was turned down as a member of the Supreme Court. Remember, he was a
Nixon appointee. And, at any rate, despite all of our pleadings, and it
was a sincere pleading. It had absolutely nothing to do with trying to
drag our feet about integration. Our elementary school plan was already
drawn up. It was already in the hands of the Federal District Court in
Greensboro, and we had simply been granted one year's
reprieve for the other half of our school system. At that point,
integration in Durham was a fait accompli. There was no resistance to
it, but we did argue long and hard. I remember sitting in that Fourth
Circuit Court of Appeals in Richmond on the eighth of December with
tears rolling down my face because I knew what we were going to be faced
with, and to have them sit there and not listen to what we were saying I
found to be very cruel. But at the same time, the judge's
point was that you'd had fifteen years to accomplish this and
you haven't done it; don't blame us because now
kids are going to be made to be uncomfortable. At any rate, before we
could get back to Durham the next day, the Fourth Circuit Court of
Appeals decision was in our attorney's office, so there was
no doubt in my mind that that
Page 15 decision was made
before we ever made the arguments in court on Tuesday.