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Letters to Morton Blackwell on Forced Busing (4 of 5)
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Blackwell, Morton C.: Files
Folder Title: Letters to Morton Blackwell on Forced Busing
(4 of 5)
Box: 63
To see more digitized collections visit:
https://www.reaganlibrary.gov/archives/digitized-textual-material
To see all Ronald Reagan Presidential Library inventories visit:
https://www.reaganlibrary.gov/archives/white-house-inventories
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/archives/research-
support/citation-guide
National Archives Catalogue: https://catalog.archives.gov/
Feb 6, 1982
m morton Blackwell
128 Executive Office Bldg
Washington DC 20501
Dear mr Blackwell:
A arge you and President
Reagan to actively support legislation
Curbing forced busing I cannot believe
that leonimic and freign issues occupy all
of this administrations time.
your support could result in legislation
desired by a majority of americans and keep
a promise made in 1980. Sincerely
William H m alister mo
54 middless
Brentwood Mo63144
coping
107 morewood de
monehester Mo 63011
Dec. 6, 1981.
Predident Ronald Reagan
write Herea
h ashington, D.C. 20510
Dear Busidint Reage
d know you are extremely fusy with
the budget I economy now, but busing
among 4 counties is a pursing issue
right new in the St. Louis ava,
d Grow you have a great influince
with Congress K it is needed now
before thousands more familis are upout
I education interrugeted for the cardin
Loen if you con't labby as hand
as for other issues, cre't you work
behid the scene + jj bost divid
the justice dept. ?
Sening
to anviode
THIS IS
NOVEMBER 1981
THE BoTToM LINE
STA
FORCED
*
VOL. No. "UNITED WE STAND - DIVIDED WE BUS"
BUSING
MARRIOTT MERRIMENT
We were all dressed up the evening of
Before Mr. Nofziger departed, he was given a
Monday, October 26, and did we have a place to
letter of request from NANS Eastern Missouri to
gol About 50 representatives of all six NANS
President Reagan in which the importance of a
Eastern Missouri affiliates, all decked out in our
meeting with him and/or his top aides to discuss
"Stop Forced Busing" shirts, jackets, buttons
our dilemna.
and hats attended a Reagan Rally at the
downtown Marriott Pavilion Hotel.
It had been advertised that top Reagan aide,
Lyn Nofziger, would be the guest speaker and WEED
weren't about to let the opportunity to make me
impression upon him slip by the wayside.
RC
Upon entering the banquet room, the group
received some cautious glances until it became
evident that our attendance was only intended
be a slient, but highly visible, reaffirmation of our
sentiments and concerns.
DL
Many notables were present: Missour
MB
AttorneyGeneral John Ashcroft, St. Louis
County Supervisor Gene McNary and significant
numbers of state representatives, state
senators, and city and county dignitaries.
Our presence was duly noted by the two
preliminary speakers, John Ashcroft (who stated
the need to get the federal government off our
backs and out of our private lives) and Gene
McNary (who ventured to guess that everyone in
the room would be proud to wear the same hats
we were wearing) To these remarks, the crowd
responded with hearty applause, which also
Lyn Nofziger
served. to support the efforts being made by both
of these men in their efforts to preserve the
sanctity of the neighborhood school concept.
The highlight of the evening, however, was
One can never be quite certain about the
when Mr. Nofziger came to the podium. After
extent of the impact or impression one makes
issuing greetings to all present from President
upon people in high places. However, on the
Reagan, he immediately turned his head to our
following Thursday, U.S. Attorney-General
section of the audience and stated that "I want
William French Smith. stated "The Reagan
you to know that there's a man in the White
Administration is moving to curb judicial
House named Reagan who agrees with you. I
activism and to convince judges to stop making
think we'll get something done about that in the
policy in such areas as abortion and school
next four years."
busing."
MOVE TO CURB ACTIVIST JUDGES
For many years a number of federa:
judges'seem to think they can do no wrong,
judges, including justices on the U.S.
even when their dictatorial busing plans fail
Supreme Court, not only have interpreted
miserably and only succeed in
the law, they have made new law. They
resegregating school system after school
have done this despite the fact that such
system.
action is not authorized by the Constitution.
This activism has infested the Supreme
The Reagan administration
Court itself, a fact attested to earlier this
commendably is moving to curb this
year by Justice William H. Rehnquist as he
judicial activism in such areas as abortion
accused the high court of "constantly
and school busing, according to Attorney
tinkering with the principles laid down" in
General William French Smith.
1976 and thus making it "virtually
In their too broad construction of the
impossible" for states to promptly execute
Constitution, Smith said that some courts
convicted murderers.
have attempted to restructure entire school
The net result, said Rehnquist, has been
systems in desegregation cases.
that condemned murderers now can create
"They have asserted similar control
"endlessly drawn-out legal proceedings"
over entire prison systems and public
until "the death penalty in this country is
housing projects. They have restructured
virtually an illusion."
employment criteria
even to the extent
It is encouraging that Attorney General
of mandating numerical results based upon
Smith says the Justice Department will
race or gender. No area seems immune
attempt to curb these judicial excesses by
from judicial adminisțration. At least one
means of legislation and litigation. In past
federal judge has attempted to administer a
administrations, the Justice Department
school system," said French.
has been almost totally passive to the
Residents of the St. Louis region have
federal judiciary overstepping its bounds.
been dismayed by the actions of U.S.
It is one thing to insulate the federal
District Judge William L. Hungate in the
judiciary from polítical pressure. But when
case involving efforts at desegregating St.
judges continue to take advantage of this
Louis schools.
Judge Hungate arbitrarily ordered 18
immunity by interpreting the Constitution
to suit their own pet social theories, it is
school districts in the St. Louis region to
time to call a halt.
come up with a program to include
themselves in the St. Louis desegregation
Already there are strong movements for
effort. They were made a party to the law
changing the constitutional provision which
suit even though none of these districts had
gives federal judges life tenure so that they
ever even been formally accused of being
will be required to stand for election. If the
involved in the alleged racial segregation of
present situation is not rectified, these
St. Louis schools. Nor was any evidence
demands may be translated Into action. The
introduced in court to warrant such action.
people are not going to stand by indefinitely
Were it not for the activism of some
and be dictated to by federal judges who
federal judges, the massive and highly
attack the neighborhood school system,
unpopular compulsory school busing orders
frustrate capital punishment of murderers
covering whole cities would have stopped
and oppose the wishes of the great majority
long ago. But, like Roman emperors, the
of Americans on other key issues.
ST. LOUIS GLOBE-DEMOCRAT
OCT. 31- NOV. 1, 1981
REPRINTED WITH THEIR KIND PERMISSION
2
MOSS MINCED NO WORDS
The NANS affiliates in the metropolitan area
Mr. Moss came armed with statistics
were indeed fortunate to have the opportunity to
regarding the failure of forced racial school
hear Mr. William Moss, school board member
assignments, not only in Columbus, but else-
from Columbus, Ohio, speak to us last October
where in the nation. The major thrust of his
22nd and 23rd.
arguments, what NANS has been telling you all
along, was that blacks oppose forced busing just
as much and for the exact same reasons as
whites.
There is an irony here that Moss made clear to
us: Forced racial balancing (incorrectly termed
"desegration" by the courts) was supposed to
have united the races and eased tensions. We
know, of course, that forced busing has produced
precisely the opposite results. But, FIGHTING
forced busing is uniting black and white parents
into a solid group, all of whom are struggling for a
common goal: a better quality of education for
our children. Perhaps, out of this forced busing
madness, some good will come.
Moss received excellent coverage from our
major St. Louis news media: Channels 2, 4, and
5 covered the October 22 SCANS meeting, as did
the Post, Globe, and Suburban Journals
Channel 9 taped the entire Moss speech at the
NO-BUS meeting on October 23 and ran a
sizeable segment of that speech the following
weekend. Moss was able, through this excellent
William Moss
coverage, to establish contact with black leaders
in North St. Louis City and will be returning to St.
of Columbus, Ohio
Louis in the near future to speak to black groups
regarding the failed policy of racial balance
busing.
Too LATE TO GET TYPESET
NOV. 13 - According to a report tonight on KSDK-TV, the St.
Louis City Board of Education's desegregation plan (to be.
filed with Judge Hungate Nov. 16) requires the inclusion
of ALL 41 school districts in St. Charles, Jefferson and
St. Louis Counties, and the city of St. Louis, to be con-
solidated. GET TO YOUR CHAPTER MEETINGS AND HELP STEM
THE TIDE.
YOU ARE IMPORTANT
3
ACCA UPDATE
By Jeanne Hacker
"The weekend of October 16 and 17 found
Hot Line.' We urge our members to make use of
many ACCA members going door-to-door in
these and to state they are calling from ST.
Shrewsbury, obtaining signatures for the
LOUIS, MISSOURI, which is presently under
initiative petition to put the forced busing
siege. The numbers are as follows:
referendum on the November 1982 ballot. ACCA
WHITE HOUSE LINE
1-202-456-7639
has a good portion of the 5900 signatures
needed, however, we must not become lax in our
BUSING COMPLAINT
efforts. These signatures must be gathered by
LINE
1-202-633-3487
July, 1982. At the ACCA September meeting,
GENERAL LIGITATION
State Representative Walt Mueller, author of the
INFORMATION LINE
1-202-633-4713
referendeum, stressed the importance of the
courts and congress hearing the voice of the
Let's keep the phone lines hotil!!!
people. He stated "There are those on the other
On October 26th some members of ACCA
side of the battle that have been at it for a long
joined members of the other 5 NANS affiliates in
time and as long as the money keeps coming in,
the area to attend the President Reagan rally at
they will continue to press on. We as volunteers
the downtown Marriott Pavilion. Mr. Lyn
must also hang in there, never let us, because
Nofziger was the guest speaker. We were there
although we are not gaining financially, these
to lobby for a meeting with President Reagan and
are OUR SCHOOLS and OUR NEIGHBOR-
to advise him of the urgency of action on the
HOODS being destroyed. So keep the faith and
busing issue. We were very visable, wearing our
keep up the fight."
"STOP FORCED BUSING" hats, jackets, shirts
The ACCA membership indicates they are
and buttons.
continuing their letter writing. In addition we
We urge all members to renew their member-
have learned of a "White House Complaint Line,
ship in ACCA and join or renew your member-
Busing Complaint Line and General Litigation
ship in the NANS National organization.
ANSJC NEWS
Judge Hungate may have exempted Jefferson
against his and his parents' will, WE ARE ALL IN
County from the current suit before him, BUT
JEOPARDY of the same thing happening to us.
MAKE NO MISTAKE ABOUT IT the 8th Circuit
Injustice to one is injustice to all.
Court of Appeals has been asked by the NAACP
It is extremely important that we continue to
to put Jefferson County right back into it. And
assist the St. Louis County school districts in
past records have proven that what the NAACP
their battle. IF THE BORDERLINE BETWEEN ST.
wants from the 8th Circuit Court - IT GETS
LOUIS CITY AND ST. LOUIS COUNTY IS
Also, it is important that you know that the
DESTROYED, THE EXAMPLE WILL HAVE BEEN
Judge ordered that Jefferson County be included
SET TO DESTROY THE NEXT BORDERLINE
in a feasibility study regarding mandatory
BETWEEN US AND ST. LOUIS COUNTY. Until
busing. If the three court-appointed experts (all
they are safe - we aren't safe.
pro-busers) come up with a recommendation
Come and hear about the landmark
that Jefferson County be included in forced-
implications in this case from a very
busing plans (now or in the future), you can get
knowledgeable and dynamic speaker, Betty
the judge will take heed of the advice of the
Johnson (Board member of SCANS and editor of
experts HE appointed.
this newspaper) at our meeting on Tuesday,
Let's face it folks - as long as a single school
December 1st, at 7:30 p.m. at the Fox Junior
district, even a single child, is being bused to any
High School cafeteria.
school outside his immediate school district
You won't be sorry and that's a promise
INSIDE SCANS
NOVEMBER 1981
NAACP INCLUDED IN FEDERALLY-SUPERVISED CHARITY DRIVE
The Combined Federal Campaign (CFC) is, for federal employees,
the equivalent of the United Way drive. Through it, federal
employees (including military personnel) are solicited for
contributions, with those contributions then flowing to the
recipient "charitable" agencies.
This year, for the first time, the NAACP is one of those re-
cipient "charitable" agencies. SCANS and ACCA leaders spent
a couple of mornings at federal installations in the St. Louis
area handing out brochures that explained to the employees
about this situation. According to newspaper reports, the
leaders of the CFC drive were more than a little disturbed
about this activity of our groups.
Any of you who are federal employees and have made your pledge
to the CFC, make sure you designate specifically which chari-
ties you want your contribution to be sent to - AND MAKE IT
CLEAR WHICH AGENCIES YOU DON'T WANT YOUR CONTRIBUTION TO BE
GIVEN.
You have until December 31 to amend your contribution form.
TV WINNER TO BE ANNOUNCED AT NOVEMBER 30 MEETING -
The drawing for the winner of the television set which has
been on display at the last two meetings will take place
at the November 30th meeting. Last chance to obtain a ticket
will be prior to the opening of the meeting. Any outstand-
ing ticket donations must be turned in prior to the meeting.
Call Tammy Swinger at 849-0590 for details.
REFERENDUM ON BUSING PETITIONS
Several people took petition forms home to get them signed
by friends and neighbors. THEY MUST BE NOTARIZED before you
turn them in. We will have a notary at our meetings for
your convenience. If you have your petitions completed
and notarized already, you can mail them to SCANS, P.O.
Box 10753, St. Louis, Mo. 63129.
TOP FORCED BUSING
NATIONAL ASSOCIATION FOR NEIGHBORHOOD SCHOOLS, INC.
NANS
ANTI-BUSING UPDATE (10/81)
Sen. Orrin Hatch, Chrmn. of the Constitution Subcommittee of
the Senate Judiciary Committee, has introduced the kind of
legislation we have been waiting for all these years. The
bill will strip from the lower federal courts the jurisdic-
tion to order busing as a remedy for intentional school se-
gregation, will list the remedies courts will be limited to
in addressing school segregation (injunctions triking down
OFFICERS & DIRECTORS:
segregative lase, in-district voluntary transfers not in-
volving coercion or quotas, etc.) and will provide a mechan-
President:
Wm D Onofrio,
Witmington, Do.
ism whereby areas already under busing orders which are in
1st V.P.:
Robert DePrez.
violation of the bill's provisions can obtain relief.
Louieville, Ky.
2nd V.P.:
Robert Shanks,
Clevelend, Ohio
The full Senate Judiciary Committee is chaired by anti-
Secretary:
Kaye c. Cook,
busing Sen. Strom Thurmond. The ranking Democrat on the
Fredericksburg, Va.
committee, Sen. Jos. Biden, will support any legislation
Treasurer:
Earl Stautter.
Columbus, Ohio
reported out by the committee - 11 of the 18 committee
members are anti-busing.
We expect strong majority support on the floor of the Sen-
George Armstrong,
Louisville. Ky.
ate. On 9/16/81, anti-busers in the Senate proved, by a
Noreen Beatty,
P: Pa
vote of 61-38, that they could override a probusing filabus-
Litten Dannis,
ter.
Warren, Mich.
Joyce DeHaven,
A companion bill will be introduced in the House, where it
Dakes. Texas
Mary Eisel,
will be buried in the hostile House Judiciary Committee and
Omaha Nebraska
opposed by Speaker Tup O/Neill. However, we have a strong
Mariene Farrell,
Nachville, Tenn.
anti-busing majority on the floor of the House. (In June,
Ruth Glascon,
an anti-busing amendment to Justice Dept. appropriations
Exyonne NJ.
passed by 265-122 even though 29 strong anti-busers were
Joyce Haws,
Clovelend Ohio
absent on the roll call.) We will force our bill on to
Jim Kelly,
Buston. Máss
the floor with an intensive discharge petition effort.
William Lynch,
(NOTE: As of this writing, the discharge petition on the
Austin Tenan
Mottl anti-busing constitutional amendment had over 200 of
Jachie LeVine,
Los Angeles. Cel.
the 218 House signatures required to force that measure
Libby Ruiz,
from committee).
Tucaon Arizona
Don Schlipp.
Eau Claire. Mich.
Queried as to his position on this type of legislation,
Den Seale.
President Reagan, at a White House news conference recently,
Lubbock. Texas
said that he "would be happy to see such legislation reach
Dan Shapiro,
Los Angeles. Cal
his desk. " A NANS meeting with top Reagan aide, Ed Meese,
Frank Southworth,
Denver. Colorado
is being set up to help ensure this position. On 9/30/81,
Ed Studiey.
NANS' Bill D'Onofrio and Jim Venema, accompanied by our
Bosion. Mass
Washington lobbyist, met with the head of the Reagan Just-
James Venema,
New Castie, De.
ice Dept. Civil Rights Division to further strengthen
Nancy Yotts.
Boston, Mass
our position. Meanwhile, NANS people are testifying at
hearings held by three congressional subcommittees.
Working through our lobbyist, NANS has had direct input on
the precise wordking of the legislation. Following this
up, on Sept. 23, D'Onofrio and our lobbyist met with lawyers
for two key Senate Judiciary subcommittees to shore up the
bill's language.
WE NEED YOUR FINANCIAL SUPPORT TO CONTINUE THESE EFFORTS!!!
SOUTH COUNTY ASSOCIATION FOR NEIGHBORHOOD SCHOOLS
MEMBERSHIP APPLICATION
RENEWAL
PLEASE PRINT NAME
DATE
ADDRESS
ZIP
PHONE
NAME OF YOUR SCHOOL DISTRICT
Do you have a talent or service to offer? Would you be willing to serve
on a committee? If yes, please check here
We urge you to become members of both SCANS and NANS (National Ass'n for
Neighborhood Schools). Please indicate the type of membership you
desire, then combine amount on one check for payment.
SCANS ANNUAL DUES: $ 5.00 Family
$ 3.00 Single
NANS ANNUAL DUES: $15.00 Family
$10.00 Single
(We will forward your NANS dues with your name, address, etc. for you
to the NANS membership office).
MAIL CHECK & THIS FORM TO: SCANS, P.O. BOX 10753, ST. LOUIS, MO. 63129
MEMBERSHIP RENEWAL
If you have received a member-
ship renewal form in the mail
and have misplaced it, please
use the form included in this
mailing.
COUPON POWER
Our fundraising committee is
selling COUPON POWER Books for
$5.00. It's the working man's
(or woman's) version of Enter-
tainment 182. It contains
money-saving coupons for: The
Slimmery, Wendy's, Burger King,
Arthur Treacher's, hockey tick-
ets, film developing and tickets
to the Wehrenberg, General Cine-
ma and Mark Twain theaters, plus
a whole list of others.
They are available at our meet-
ings and if you think you can
sell some for us, call Tammy
Swinger at 849-0590.
REMEMBER THE PREGNANT LADY AT
OUR BAR-B-Q OCTOBER a and 3?
Well, that was Pat Forth, wife
of Steve Forth, both very ac-
tive members of SCANS.
Well, we don't know if the BBQ
had anything to do with Pat
delivering early or not BUT
we KNOW the BBQ didn't have a
thing to do with the fact that
THEY ARE NOW THE PROUD PARENTS
OF IDENTICAL TWIN BOYS, DANIEL
AND DAVID. Mother and boys
are doing fine - Dad we're not
SO sure about
Congratulations, Forth Family.
NO-BUS NEWS
WCANS IN ACTION
By Dave Husman
By Karen Menkhus
We read now that the date for. plans for
The visit of Mr. William Moss to St. Louis was a
mandatory forced busing of our children has
great success. I know that everyone who heard
been moved up from February, 1982, to
Bill Moss speak thoroughly enjoyed his remarks
November of this year! At the same time, we are
and felt motivated by them. A big thanks to all of
told that the Supreme Court plans to review the
the NANS of Eastern Missouri affiliates for
Washington and St. Louis cases. One would
bringing Bill Moss to St. Louis, with a very
surmize that, (a) very possibly the effort made so
special word of appreciation extended to SCANS
far right here in St. Louis to stop this
for allowing NO-BUS to share in this activity.
perposterous scheme is being felt by our govern-
ment and (b) at the same time, promoters of the
On Tuesday, September 29, Mr. Gayle Taylor
scheme are pushing harder yet to take away our
(President, STCCANS), Judy Busso (VP, SCANS)
right to send our children to our own neighbor-
and I appeared on the Channel 9 program called
hood schools!!
"St., Louis Journal." I have had a great many
comments from people who saw that program
At our last meeting, Karen Menkhus,
regarding the absolute hostility displayed by
President of our North County affiliate, "No Bus",
panelist Bonita Cornute. It isn't often that
made the point that the greatest promoters of
someone who professes to be a "professional
forced busing are not the people and organiza-
journalist" becomes so blatant in their display of
tions that we refer to above, but in fact, are
unprofessionalism. Serves as a reminder,
OURSELVES when we mistakenly think that it
doesn't it, that people who wish to throw the
can't happen here or that someone else will stop
"racist" label around should look to clean their
it for us! Fact is, it probably will happen here as it
own house first.
has happened in scores of other cities across our
A special thanks to Betty Zink for organizing
nation where others once felt as sure as we
our bake sale on Saturday, October 17, and to
sometimes do that it couldn't happen. THERE
her helpers - Sandy Clayton, Carol Snee and
WILL BE NO BETTER TIME THAN RIGHT NOW to
Billy Snee. We were completely sold out by 1:00
make your effort three ways:
p.m., and earned $114.00 from the sale.
1. Use your Personal Action Kit to help your
Thanks, too, to Doris Zipoy for her help in
friends join us and make their preference felt.
organizing our garage sale. Doris has very kindly
We are entering a new area of contact with
offered us the use of her home, but mother
top people in Washington and we need
nature intervened on 10/14 and rained us out.
backing from everybody.
We rescheduled for the following Wednesday,
2. Get involved at meetings and take part on
and earned almost $120.00 from that sale. A
committees; we will BURN OUT if a few do the.
special thanks to Doris, Jody Rushton and Betty
job for many.
Fieselman® for their help. WE ARE PLANNING
ANOTHER GARAGE SALE FOR NOVEMBER. IF
3. Keep up your Personal Action with letters and
YOU HAVE ITEMS TO DONATE, PLEASE
calls. We now have the additional numbers
CONTACT JODY RUSHTON (838-3603), DORIS
for direct contact to Washington; WHITE
ZIPOY (291-6842), or KAREN MENKHUS
HOUSE COMMENT LINE, (202) 456-7639;
(739-2966).
Justice Dept. Busing Complaints, (202)
633-3847; General Litigatjon Complaint
WANTED: Ideas for raising money. Please
Dept. (202) 633-4713. Identify yourself by
contact one of the people listed above if you have
name and address and as a NANS member,
an idea to help us earn money for our cause.
for maximum impact.
The next meeting of NO-BUS will be held at
Joan Sale, of Manchester. was the lucky
7:30 p.m. at the Florissant Valley Branch of the
winner of the appliqued quilt at our September
Public Library, 195 South Florissant Road. Mr.
15 meeting. We now have tickets to buy or sell
Gayle Taylor, President of the St. Charles County
(books of 10) on a beautiful embroidered QUILT;
NANS affiliate (STCCANS), will be our featured
drawing to be January 6, 1982. Donation: $1.00
speaker that evening.
each.
5
SCANS UP-DATE
We're happy to report that our Stop Forced
Don Johnson regarding the Vanderbilt report,
Busing Bar-B-Que last October 2 and 3 netted
participated in a radio interview at Meramec
another $1,000.00 for the lobbying fund. Thank
Community College on the busing issue
you to everyone who worked so hard to make this
(program conducted by the communications
a success. Our fund-raising dynamo, Tammy
class and will be broadcast on KSHE radio, date
Swinger, is considering a dinner/honors party
as-yet unscheduled) and appeared on St. Louis
for sometime this winter - we'll let you know
Journal (Channel 9) with Karen Menkhus (NO-
the date as soon as the details are finalized.
BUS) and Gayle Taylor (STCCANS). Betty
Johnson had a second go-around with Susan
We were also most happy to host one of the
Uchitelle and Ron Stogdill on Julius Hunter's
two meetings at which Bill Moss spoke. He's a
KMOX Sunday night radio program.
very dedicated and knowledgeable man, and we
benefited greatly from his visit. Please see the
Speaking of the Vanderbilt Report: For 7 years
Moss article elsewhere in this Bottom Line
Vanderbilt University worked to find evidence
issue.
that busing "works." The results after seven long
years of effort? They concluded that, whereas
Many of you who attended our Sept. 22
they cannot find any hard evidence that forced
meeting at Mehiville Senior High School
busing is beneficial, they hoped to offer some
complained that the mercury lights in the
evidence that it is not harmfull!! This is like the
gymnasium caused some skin burns and eye
quack doctor who forces a bitter pill down your
irritation. We checked with Dr. Shannon at
throat and tells you that the pill will do you
Mehlville and he said that the lights were,
absolutely no good, but it probably won't kill you!
indeed, defective. He said that, the weekend
I wish all the pro-busing "quacks" who have
before, some vandais had broken into the gym
their own children in privațe schools would take
and shot arrows at the lights, causing some to
a little of their own medicine.
short out and give off the harmful rays. The
defective lights have been replaced and Dr.
We look forward to seeing you at our next
Shannon asked us to have you call him at 892-
SCANS meeting on Monday, Nov. 30 at Mehlville
5000 if you suffered burns from the lights.
Senior High School (the lights are working nowl).
That will be our last meeting for 1981. Perhaps,
Media Events: Our SCANS Vice President,
with Congress finally getting ready to address
Judy Busso, has had three media contacts in
the busing issue, we'll have some GOOD news
recent weeks. She was interviewed by KTVI's
to report to you in our January meeting.
WELCOME TO "ANSJC" AND "STCCANS",
THE JEFFERSON COUNTY AND ST. CHARLES
COUNTY STOP FORCED-BUSING ORGANIZATIONS,
AS CONTRIBUTORS TO THE BOTTOM line.
NOW THE MEMBERSHIPS OF ALL SIX
NANS OF EASTERN MISSOURI CHAPTERS
RECEIVE THE BOTTOM LINE.
6
STCCANS BUS FUMES
The battle for our St. Charles Schools is far
At the same time, the undermining of our
from over. Just last week Half-Judge Hungate
neighborhood schools continues. Federal judges
called for statistics on attendance at the five (5)
in Metropolitan St. Louis and around the country
St. Charles school districts. This is part of the
impose busing for racial balancing while legis-
on-going feasibility study to install inter-district,
lation languishes in Congress. Since his inaugur-
inter-county busing.
ation, President Reagan has chosen to ignore
social issues like forced busing.
NO ONE HAS ESCAPED FROM FUTURE
FORCED BUSING PLANSI
We must remind the President that our
schools deserve his support as much as the
Not St. Charles County;
economy does. We will get his attention by
Not Jefferson County
returning some of the money which he gave us in
Not even the five (5) school districts that
the tax cust.
volunteered to cooperate with the half-judgell
This week write a letter to:
It is hard to understand why our neighbors
President Ronald Reagan
think we are no longer in danger.
The White House
wake THEM UP!
Washington, D.C. 20510
Bring a friend with you to our next meeting.
include with this letter 8 check, made payable
to Ronald Reagan, for some part of your personal
October - At the request of Bill 'Onofrio we
tax cut. You may also want to include a picture of
contacted a group in the Kansas City area. On the
your children, their school, or a school bus. Then
20th, Gayle Taylor, our president, presented the
in the letter mention these points:
NANS message at the monthly meeting of the
ProFamily Forum of Independence, Mo. That
1, The check represents my benefit from your
contact included a one-hour listener call-in
tax cut.
program on radio station KCCV and a 15-minute
2. I am returning this money to emphasize my
news interview on TV Channel 50. We hope to
displeasure with you for ignoring the issue of
establish a NANS affiliate in that area and to get
forced busing while spending all of your efforts
help in circulating the Missouri Referendum
on the economy.
Petition for freedom of choice in public
education.
3. I, my children, and my neighbors expect you
to support efforts in Congress to put an end to
Our regular monthly meeting was held on the
court-ordered busing.
21st with Congressman Richard Gephardt
appearing as guest speaker. Carl Frederick
November - We have not scheduled a
presented a dynamite idea for letter to the White
meeting for this month because of the obvious
House and so we printed the text of his message
conflict with the Thanksgiving Holiday. However,
here.
we are working toward a possible meeting with
Senator John Danforth. If we are able to
schedule him for a visit on one of the Sundays in
A Letter to the White House
November, members will be notified by phone.
On October 1, the President's tax cut took
December - Our next scheduled meeting is
effect. You probably found a small increase in
Thursday, December 10th at St. Charles West
your first paycheck of the month. This money is
High School. As is our custom, the meeting will
the visible result of a massive campaign of
start at 7:30 p.m. and will end promptly at
planning, drafting and lobbying staged by the
9:00 p.m.
President and his White House staff.
7
HAS THE ST. LOUIS CITY BOARD OF EDUCATION
63123
DECLARED war ON THE suburban DISTRICTS?
"THE BOTTOM LINE" is a cooperative effort of the
Ass'n of Concerned Citizens of Affton (ACCA), Ass'n for
Neighborhood Schools in Jefferson County (ANSJC),
NO-BUS, South County Ass'n for Neighborhood
Schools (SCANS), St. Charles County Ass'n for"Neigh-
borhood Schools (STCCANS), and West County Ass'n
for Neighborhood Schools (WCANS), all registered
with the State of Missouri as not-for-profit corporations.
SEE PAGE 3 - "TOO LATE TO GET TYPESET
P.O. Box 4341 St. Louis, MO.
ASSJC P.O. Box 444 Arnold, MO. 63010
NO-BUS P.O. Box 1123 Florissant, MO. 63031
SCANS P.O. Box 10753 St. Louis, MO. 63129
STCCANS P.O. Box 1265 St. Charles, MO. 63301
WCANS P.O. Box 814 Manchester, MO. 63011
AND GET TO OUR NEXT MEETING
Editor - Betty Ann Johnson
Board of Directors (SCANS)
mon. NOV. 30
7:30 P.M.
MEHLVILLE SR. HIGH SCHOOL
3120 LEMAY FERRY ROAD
ACCA
HARMONY IN MUSIC
LIKE
SCANS
P.O. BOX 10753
PEACE UNITES PEACE UNITES A NATIO
ST. LOUIS, Mo. 63129
*
FORCED
Ms. Elizabeth Dole
01d Exec. Off. Bldg.
NIII
c/o White House
*
*
Washington, D.C. 20500
BUSING
ADDRESS CORRECTION REQUESTED
December 5, 1981
Judge William Hungate
1114 Market
St. Louis, Missouri 63101
Dear Judge Hungate:
Our family has some very important questions to ask you. First I will
introduce you to our children; Dave is a Freshman at Oakville Senior High,
he is presently carrying a 4.0 grade average, he was on the Freshman Football
Team and is presently playing on the Basketball Team, his school is about
4½ miles away - Cindy is in 7th grade at Oakville Junior High, she is presently
carrying a 3.23 grade average and enjoys her classes, her school is about 3
miles away - Benjie is in 3rd grade at Point Elementary and in presently
carrying a 3.14 grade average and likes school, his school is about 1 mile away.
I would also like to point out that as a mother, I spend 2 half days a week,
one at Oakville Junior's Health Room as a Red Cross Volunteer, the other at
Point's Health Room. I also spend one half day each week in the Point Library.
I am on the PTA board at Point, and am also a Room Mother. My husband and I
are very active in our older children's school's activities. This kind of
involvement could never be possible if our children were bussed into the city.
(the maximum distance being 31 miles according to the plan) I would also like
to point out that this type of involvement is extremely important for children
as well as beneficial to the schools.
We have lived in this particular area for 15 years. We saved for our home and
took great care in choosing the area, school district, etc., where we wanted
to raise our family. The ridiculosis proposal submitted by the St. Louis City
Board of Education, forming "5 super districts," would take all that we have
worked very hard for and throw it away.
If the black children are not receiving quality education in the city schools,
how will that change if you send our children there? Are you, and the City
Board racist enough to say that black children can only receive quality education
if they sit next to a white child? In our opinion, the St. Louis City school
district is already too large! Through poor management, and no local control
it has deteriorated to its present state. The County has maintained small
local, individual control and their districts have flourished. Why don't you
take all your efforts, time and money, that you will be wasting on busing
thousands of children, and upgrade the city school system?
Please explain to our family, how we have caused a problem, and that we are
quilty of contributing to segregation in St. Louis City schools? We are, and
have been, working hard to pressure our Congressmen and Senators, insisting
that they pass legislation to stop forced busing simply to achieve a racial
balance. This travesty of justice has to be stopped!
CC President Ronald Reagan
Awaiting your prompt reply,
Senator John Danforth
The Ed Fox Family
Senator Tom Eagleton
Ed Eskin K Fox
Governor Bond
Donna Donna FH
Mr. Terrell Bell
Dave Dare "Joy
Senator Paul Laxalt
Cindy Cindy Fox
Senator Jesse Helms
Senator Strom Thurmond
Benjie Benjie Fox
Morton Blackwell
STOP FORCED BUSING
Busing
NANS
NATIONAL ASSOCIATION FOR NEIGHBORHOOD SCHOOLS, INC.
12/5/81
Dear Inc. Blachwell;
OFFICERS & DIRECTORS:
Please get a copy of the enclosed order
President:
Wm. D. D'Onofrio,
Wilmington, De.
by Judge Frank Battiste 'to President Board Reagan
1st V.P.:
Robert DePrez,
Louisville, Ky.
the order is to the ohio state School
2nd V.P.:
Robert Shanks,
Cleveland, Ohio
Secretary:
Kaye C. Cook,
Fredericksburg, Va.
Treasurer:
Eart-Stauffer,
public schools, he apparently intends
In addition to the take-over of our
Columbus, Ohio
George Armstrong,
a take - over I even Christean schools.
Louisville, Ky.
Noreen Beatty,
Pittsburgh, Pa.
Lillian Dannis,
Warren, Mich.
She are all eagerly awaiting Reagan to
Mary Eisel,
Omaha, Nebraska
Marlene Farrell,
help us pass 5,1760 and/or 5,16,47
Nashville, Tenn.
and/or the moul amendment. He must
Ruth Glascott,
Bayonne, N.J.
Sharon Goodburn.
Columbus Ohio
help us user insure that whatever stop
Joyce Haws,
Cleveland, Ohio
Jim Kelly,
passes is strong enough like to
Boston, Mass.
William Lynch,
the take over in cities Cliveland
Austin, Texas
Jackie LeVine,
Los Angeles, Cal
Barbara Mueller
Calready "busing")
St. Louis, Mo.
Libby Ruiz,
Tucson, Arizona
Jane Scott,
Our news media here has Alopped
Charlotte, N.C.
Dan Seale,
Lubbock, Texas
Dan Shapiro,
telling any of the truth about what
Los Angeles, Cal.
Frank Southworth
this take - over has done and
Denver, Colorado
Ed Studiey.
Boston, Mass
how we all feel.
James Venema.
New Castle. DE.
Nancy Yotts,
Boston. Mass
Joye Hour (NANS)
P.S. We really do need
(216)398-4667
Reagan to arsoon as possible !
meet with President
STOP FORCED BUSING
president's office
communications office
membership office
1800 W. 8th St.
3905 Muriel Ave.
4431 Okell Rd.
Wilmington, DE 19805
Cleveland, OH 44109
Columbus, OH 43224
NANS
7BW
Important!
Gas
NORTHER
CLUBE
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
12 IN 72 AON 1001
this
ROBERT ANTHONY REED, et al.
:
C73-1300
Plaintiffs
:
-vs-
:
ORDER
JAMES A. RHODES, et ai.,
:
Defendants
:
Battisti, C.J.
Pursuant to this Court S orders of July 1, 1981, and September 2, 1981,
(State school Board)
the state defendants have filed a proposed rule and criteria and procedures for
chartering and providing services to non-public schools.
The Court is gratified by the state's prompt and considered response
to its orders. The rule, criteria, and procedures proposed evidence a serious
effort to address the problems presented by non-public schools opening and
operating in desegregating school systems.
The Court finds the proposed rule and criteria for the most part
satisfactory. However, the Court concludes that the rule, before promulgation,
should be amended in the following minor respects:
1. In' the memorandum accompanying the proposed rule, the state
defendants report that the proposed procedures and criteria "would DE
applicable to all new non-public schools throughout the state." Memorandum, p.
2. The procedures and criteria. if a double standard is to be avoided. should
also be applied to existing non-public schools, which should be given a
reasonable time (not to exceed two years from the date of promulgation) to
comply.
2. Proposed rule 3301-39-01(B) provides in part that schools which
have neither an approval to operate nor a charter "may, independent of this
rule, request a determination of compliance with minimum standards from the
State Department of Education for the purpose of permitting pupils and their
parents to comply with the compulsory attendance laws as set forth in Chapter
3321 of the Revised Code." As the Court understands this provision, it would
permit parents to send their children to schools which do not meet the
nondiserimination requirements of the rule without risking truancy proceecings.
Such an exception threatens to swallow the rule and defeats the rule's purpose.
This exception must be stricken.
3. As OSMCR noted in its comments on the originally proposed rule,
no provision is made for revocation of a charter or approval to operate for
subsequent violation of the criteria. OSMCR Comments, p.2. The proposed
procedures should be amended to provide for such revocation.
4. The plaintiffs, in a letter to the Court filed on November 9, 1981,
note an ambiguity in the revised rule. The rule should be amended to resolve
this ambiguity.
The proposed rule criteria, and procedures. as amended above, will
be approved. The amended rule should be filed within twenty days. Should any
party have an objection to adoption of the rule as so amended, suen objection
should be filed with the Court within ten days thereafter.
IT IS SO ORDERED.
Frank J. Battisti
Chief Judge
Busing
STOP FORCED BUSING
NANS
NATIONAL ASSOCIATION FOR NEIGHBORHOOD SCHOOLS, INC.
BULLETIN # 26
OCTOBER NOVEMBER 1981
SENS. HATCH, EAST OFFER KEY BILLS
S.1760 and S.1647 introduced
Sen. Orrin Hatch (R-Utah) and Sen. John East
intact, the Supreme Court will be less in-
(R-N.C.) have introduced strong anti-busing leg-
clined to arrogantly declare such legislation
islation. S. 1760 (Hatch) was drafted in the
"unconstitutional" and that, given the real-
Senate Judiciary Committee's Constitution Sub-
ity that the Court has the capacity to hear
committee, and S. 1647 (East) in the Separation
only a tiny percentage of cases on appeal, it
of Powers Subcommittee. Both bills are the re-
will be more inclined to "listen" to the will
sult of extensive hearings in the respective
of Congress to stop busing. They are also
subcommittees over the past five months.
hoping that President Reagan will "restructure"
Both bills are built around Congressional
the Supreme Court. Nevertheless, NANS will
powers under Sect. 1 of Article III of the Con-
accept this "political decision" only for the
stitution (legislative power to limit, by simple
time being.
majority vote, the jurisdiction of the lower
Both bills begin with a litany of Congress-
federal courts district courts and circuit
ional "findings" against busing, although this
courts of appeal) and Sect. 5 of the 14th Amend-
is the least important aspect of the bills'
ment ("Congress shall have the power to enforce,
substance. The Hatch bill is more inclusive
by appropriate legislation, the provisions of
with regard to these statements of Congress-
this article.")
ional position.
Both bills are designed to remove the juris-
The Hatch bill takes the additional step
diction (the power) of the lower federal courts
of listing remedies lower federal courts
to order and enforce busing orders. The bills
(and by such implied "guidelines," state
are designed to throw "school segregation" cases
courts) may use with the exception of racial
into state courts where, assumedly, with lower
assignments. Included here are injunctions
federal court coercion removed and with state
striking down segregative laws or actions,
courts being vulnerable to state and local real-
contempt of court proceedings where such in-
ities and political activities and pressure, the
junctions are not obeyed, voluntary transfers
state courts will be unlikely to order busing.
"without coercion, quotas or specific goals"
This will also apply to the "voluntary" actions
within a student's school district, other
of state and local school authorities who use
planning to "provide nondiscriminatory educa-
the excuse that "if we don't do it, a federal
tion within the student's neighborhood" and
court will make us do it."
"other local initiatives to improve education
Although Congress can stop federal courts
for all students without regard to race."
from ordering busing by such legislation, it
The Hatch staff feels, with justification,
cannot, short of a Constitutional amendment,
that this latter language will enhance their
stop state courts from ordering busing.
bill's passage and that the Supreme Court will
Neither bill takes the giant step of removing
be less likely to attempt to strike the bill
the appellate jurisdiction of the U.S. Supreme
down if it is clear that the intent is not to
Court on the busing issue, as Congress has the
prevent courts from addressing "school segre-
clear power to do under Article III, Section 2
gation" but to merely prevent the use of
of the Constitution (the power of Congress, by
busing as a "remedy.
simple majority legislation, to make exceptions
and regulations" to the appellate jurisdiction
Relief From Existing Busing Orders
of the Supreme Court).
Both bills are intended to provide relief
Thus, 'school segregation" cases from state
from busing for those already under court
and lower federal courts would still be subject
orders, and NANS has made it clear that we
to U.S. Supreme Court review. NANS has been
will not support legislation that is not in-
informed that "a political decision has been
tended to do this.
made (by anti-busing forces in Congress) to not
It is this "re-opener" or retroactive
remove the appellate jurisdiction of the Supreme
clause that is causing our friends in Congress
Court at this time." The feeling among the
the greatest anguish as to effectiveness of
bills' sponsors is that an attempt to do so
language. The East bill is extremely blunt in
would not pass in the Congress. They are hoping
this regard and simply removes lower
that, with its appellate jurisdiction left
(Continued)
STOP FORCED BUSING
president's office
communications office
membership office
1800 W. 8th St.
3905 Muriel Ave.
4431 Okell Rd.
Wilmington, DE 19805
Columbus, OH 43224
NANS
Cleveland, OH 44109
BULLETIN # 26
-2-
OCTOBER NOVEMBER 1981
HATCH, EAST BILLS (Cont.)
by strong anti-buser Strom Thurmond (R-S.C.)
federal court jurisdiction to transport stu-
and includes 10-11 strong or fairly strong
dents or to close schools in order to alter
anti-busers among its 18 members. We are
the racial makeup at any school. The theory
optimistic that the strongest possible langu-
here is that once lower federal court juris-
age will be reported out. IT IS THEN THAT
diction is removed, state and local authori-
OUR REAL BATTLE WILL BEGIN.
ties may move to dismantle existing orders by
simply ignoring such orders. Thus, this
ON THE SENATE FLOOR
theory goes, when the proponents of busing
We'll be faced here with the fanatical op-
complain to a lower federal court, that court
position of some 40 pro-busing senators per-
must dismiss the complaint for lack of juris-
haps joined by squeamish senators who are nom-
diction to enforce busing. After the bill's
inally anti-busing. We can count on a pro-
introduction, the East staff moved to streng-
busing filibuster requiring 60 votes to end.
then this thinking by inserting a provision
Once we overcome the filibuster, we'll need
prohibiting the "removal" to a federal dis-
only simple majorities to accomplish our ends.
trict court of a civil action inder the bill's
We'll be faced with attempts to "gut" the bill
provisions in a state court, including a de-
by pro-busing floor amendments. We may also
mand for judgement for relief. This is also
have floor amendments to strengthen the bill.
intended to "instruct" state and local auth-
Crucial during this Senate floor stage is
orities to use state courts.
Senate Majority Leader Howard Baker (R-Tenn.),
The Hatch staff is more leery of legisla-
who has the power to be either a tremendous
tive power to overturn the previous judge-
help or a worrisome hindrance.
ments of federal courts. They thus try to
present in their bill a more detailed proce-
WHAT ABOUT THE HOUSE ?
dure whereby individuals and school authori-
The planning, at this stage, is to introduce
ties may go before "any court" to seek relief
a "companion bill" in the House with identical
under their bill's no-busing provisions. In
language. This will be buried in the majority
so doing, the Hatch bill, based on its cur-
pro-busing House Judiciary Committee (Peter
rent language (Nov. 3, 1981) may "gut" itself
Rodino, 'D-N.J., Chairman) and its Civil and
by playing into the hands of pro-busing
Constitutional Rights Subcommittee (Don
judges.
Edwards, D-Cal., Chairman). We'll also be
What Hatch does here is to provide (and
faced with the opposition of House Speaker
this is intended to offer offhand "guide-
Tip O'Neill (D-Mass.) and perhaps even House
lines" to state courts also) that "unless a
Majority Leader Jim Wright (D-Texas).
court can make conclusive findings based on
Faced with this, we can begin the winnable
clear and convincing evidence" involving
battle, with an intense national effort, of
four provisions all-inclusively, relief from
forcing the bill out of committee and past
an order must be granted. These provisions
House "leadership" and onto the floor for a
are requirements of findings of intentional
mandatory roll call by discharge petition re-
and specific discrimination (an allegedly
quiring the signatures of 218 of the 435
already existing Supreme Court "guideline"
House members. More on that in a later
that both that Court and lower courts have
bulletin.
made a mockery of), that the "totality of
Or, we can attach the Senate bill's lang-
circumstances" have not changed since the
uage, by amendment, to another House bill un-
issuance of the order, that no other remedy
der consideration on the floor. Bear in mind
(including those specified earlier in the
that we should have an anti-busing majority on
bill) would preclude the intentional and
the House floor. Or, back in the Senate, we
specific segregation, and that "the economic,
can have our friends there attach their lang-
social, and educational benefits of the (ex-
uage to a bill before the Senate that has al-
isting) order have outweighed the economic,
ready passed the House.
social and educational costs of the order.
When a given Senate or House bill are dif-
As any informed anti-buser knows, an im-
ferent in language, such differences are ironed
aginative judge could make mincemeat of such
out in joint House-Senate Conference. In this
finding "requirements" and the petition for
event, our strong point will hopefully be anti-
relief would be denied.
busing conferees on the part of the Senate.
Confused? We know how you feel. However,
THE NEXT STEP
you must study what you have read so far and
At this writing (Nov. 3) the Hatch bill
be prepared to help us fight this battle as we
has just been reported out to the full Senate
keep you informed in the future. If you do not
Judiciary Committee, and the East bill is
have a strong NANS affiliate in your area, you
still under "mark-up" in the Separation of
must form one so that your area can mount maxi-
Powers Subcommittee. What we will work on
mum impact in these proceedings. IN ADDITION,
now will be a "best of all possible worlds"
YOU MUST MOVE DILIGENTLY TO FUND THE ACTIVITIES
solution whereby the best language in both
OF OUR ON-THE-SPOT CATYLIST IN THIS ENTIRE
bills will be incorporated, with refinements
SCENARIO OUR WASHINGTON LOBBYIST ! This in-
from the full Judiciary Committee, into a
cludes personal contributions and continual
final version to be reported out to the Sen-
fund-raising activities of the affiliates. In
ate floor, where it will also be subject to
past bulletins many suggestions have been made
amendments. The full committee is chaired
for effective fund-raising. THIS IS A MUST
BULLETIN # 26
-3-
OCTOBER NOVEMBER 1981
PRESIDENT REAGAN'S ROLE
ditional schools.
When the bill finally completes the legis-
The Justice Dept., at this point, however,
lative process, it will go before President
is only talking of downplaying or eliminating
Reagan for his signature. We are confident he
busing in future litigation and in some cases
will sign the bill into law. He campaigned on
currently under litigation.
on the promise that busing would be stopped.
On Sept. 23, NANS President Bill 'Onofrio,
At a recent press conference, he was asked his
board member Jim Venema, and lobbyist Clarence
position on such jurisdiction-removing legis-
Randall met with Reynolds in Washington. Point-
lation, and he replied that he would be happy
ing to some 300 court busing orders already in
to see such legislation reach his desk."
place, Reynolds informed us that the Dept.
What the President does not appear to be in-
does not have the resources or the intention
clined to do at this writing is to lobby the
to reopen even a significant number of such
Congress in favor of the bill during the leg-
cases. He also opined that "there has never
islative process. He has reportedly been ad-
been a law against busing" and did not agree
vised by his inner circle of advisors that it
that the 1964 Civil Rights Act was in fact
would not be politically wise for him to do so
such a law.
on such a "controversial issue." The Presi-
Testifying before the Senate's Separation
dent has amply demonstrated in recent months
of Powers Subcommittee on Oct. 16, Reynolds
his ability to "get things done" in Congress.
steered clear, for the time being, of taking
We expect his help here in seeing to it that
a position on court-stopping legislation be-
the legislation we want does in fact "reach
fore that subcommittee. With regard to exist-
his desk."
ing busing orders, he said that his Division
The President must also ride herd on under-
does not "contemplate routinely opening de-
lings within his Administration who might at-
crees that have proved effective in practice"
tempt to lobby or make public pronouncements
and that "nothing we have learned in the ten
against the legislation as it winds through
years since Swann (the "grandaddy" busing
Congress. Entrenched bureaucrats, particular-
case in Charlotte, N.C.) leads to the conclus-
ly in the Justice Department, can be harmful
ion that the public would be well served by
here.
reopening wounds that have long since healed.'
What Reynolds is talking about, then, is a
"slowing down" of busing orders. WE WANT ALL
ON THE DEPARTMENT OF JUSTICE POSITION
BUSING STOPPED. A hint of his position on
The media has frequently reported in recent
legislation designed to end existing orders
months the strongly announced position of the
came when he told the subcommittee that "The
U.S. Department of Justice against forced bus-
law generally recognizes a special interest in
ing, usually in the form of excerpts from
the finality of judgements, and that interest
speeches or press conferences by Attorney Gen-
is particularly strong in the area of school
eral William French Smith or Assistant Attorney
desegregation.
General for Civil Rights, William Bradford
THE JUSTICE DEPT'S LEGISLATIVE LOBBYIST
Reynolds. We are happy that Messrs. Smith and
Reynolds, after some initial trepidation, are
In a release to NANS leaders, affiliates
coming out more strongly.
and other parties, we pointed out that an Aug.
15 Human Events article said that Robert A.
For example, in an Oct. 29 speech, Mr.
Smith said that federal courts have over-
McConnell, Assistant Attorney General for the
stepped their powers and that the Justice
Office of Legislative Affairs in the Dept. of
Department will seek to rein them in. He said
Justice, "had to be restrained by the Adminis-
the "multiplication of implied constitutional
tration from lobbying Congress in favor of
rights has gone far enough" and that "feder-
busing.'
In an Oct. 15 letter to NANS President Bill
al courts have gone far beyond their abilities'
in imposing remedies for perceived constitu-
Onofrio, McConnell claimed the Human Events
tional violations." (Cleveland Plain Dealer,
article was "inaccurate - line by line, that
10/30/81)
he is "proudly a part of the Administration"
Mr. Reynolds has announced that his Civil
has "not been restrained by anyone" and "do
Rights Division, although steadfastly continu-
not now and never have supported forced bus-
ing to root out school segregation (in the
ing" (emphasis his) In a return letter,
liability phrases of such litigation), will
Onofrio then expressed his gratification for
not seek busing orders in court and will seek
such assurances, while pointing out that it is
"alternative" remedies for such violations.
not just Human Events reporting such devia-
The question here is how, if the Dept.
tions within the Justice Dept. from announced
seeks the breadest possible liability in such
Reagan policy. For example, top Reagan aide
cases, involving larger segments of a commun-
James Baker called the Dept. a "disaster."
ity, it can really hope to convince busing-
oriented judges not to use busing as a "rem-
NANS TESTIFYING IN WASHINGTON
edy," especially when fanatics such as the
NAACP and the ACLU are pushing for massive
In our last bulletin, we reported that Bill
busing. For example, in Lubbock, Texas, where
D'Onofrio had testified against busing before
a district court judge found illegal segrega-
the Senate's Constitution Subcommittee on
tion in only two schools, the Justice Dept.
June 3. In mid-October, two academic friends
is pushing for a similar finding in nine ad-
of NANS, Prof. Ralph Scott (Univ. of Northern
(Continued)
BULLETIN # 26
-4-
OCTOBER - NOVEMBER 1981
NANS IN WASHINGTON (Cont.)
Iowa) and Prof. Herb Walburg (Univ. of Illinois
IN MEMORIAM
at Chicago) and NANS Board member Jane Scott
(Charlotte, N.C.) testified before the Senate's
BARTH, Janis C. (1943-1981), Jan Barth,
Separation of Powers Subcommittee. Law profes-
survived by her husband, Karl, who is a
sor Lino A. Graglia, another long-time NANS
Columbus, Ohio, police officer, and three
friend, has been back and forth between the
young daughters, died of complications
University of Texas and Washington to testify
from Cushing's Disease during an operation.
and help formulate precise anti-busing legisla-
As her newspaper obituary proudly pro-
tion wording. Then, on October 29, D'Onofrio
claimed, Jan was a membership processor
was one of a panel of three Delawareans testi-
under NANS Membership Chairman Bettie
fying for two hours before the pro-busing
Margeson. Rest in peace, Jan.
House Judiciary Committee's Subcommittee on
Civil and Constitutional Rights on effects of
busing in that state's New Castle County.
NANS ANNUAL MEETING IN WASHINGTON
In addition, Bill D'Onofrio and our lobbyist
The NANS Board of Directors met in Washing-
met on Sept. 23 and Oct. 29 with lawyers for
ton August 14-16. Officers re-elected were:
both the Hatch and East subcommittees to dis-
President, Bill D'Onofrio; 1st V.P. Bob
cuss and shore up wording in their bills. Our
DePrez; 2nd V.P. Bob Shanks; Sec. Kaye Cook;
lobbyist, of course, is constantly in touch
Treasurer, Earl Stauffer.
with these people.
Two new directors were added to the Board.
They are Sharon Goodburn of Columbus, Ohio,
CONGRESSMAN MOTTL CONTINUES EFFORTS
and Barbara Mueller of St. Louis, Missouri.
Congressman Ron Mottl (D-Oh.) is still seek-
The NANS lobbyist met with the directors.
ing signatures on Discharge petition #1 to re-
Prospects for forthcoming legislation were
lease his proposed Constitutional amendment to
discussed, and the board then discussed and
ban forced busing from the committee where it
suggested precise wording for the legislation.
lies buried. As we go to press, Mottl has 203
Bill D'Onofrio then submitted a NANS draft of
of the required 218 signatures to release the
the legislation to the Hatch subcommittee,
bill.
much of which has actually been used.
The Constitutional Amendment route to end
NANS directors made it very clear to the
forced busing (upon passage in the House and
lobbyist that NANS would find any legislation
Senate, signed by the President, and ultimately
unacceptable that would not stop forced busing
ratified by the states) may well prove to be the
already in progress.
final, permanent solution.
NANS directors also made it very clear that
In a private phone conversation between
we expect to meet with Reagan himself.
Mottl and Reagan in April, Reagan promised to
support Mottl Amendment (HJR 56). Again
AROUND THE NATION
recently in a meeting in the Oval office, Pres-
ident Reagan promised to support the amendment.
Denver, Colorado: NANS member Naomi Bradford
The Cleveland NANS affiliate has launched a
was re-elected to the Denver Board of Education.
writing campaign to those Congressmen whose
Naomi is now vice-president of the Board. She
voting records indicate they are anti-busers,
was appointed Regional Director for ACTION, a
but who have not signed discharge petition #1.
region of eight states.
The Republican platform strongly opposes
forced busing. Yet, as of August 25, 58 Rep-
Beaumont, Texas: U.S. District Judge Robert
ublican congressman were uncommitted to dis-
Parker ordered this 17 school, 10,200 pupil
charge petition #1. See if your congressman is
district to use a random drawing to assign
among the list. If so, you know what to do:
pupils in grades 4-12. Parents of both black
Archer (Tex.), Bereuter (Neb.), Bethune (Ark.),
and white students have protested, saying they
Brown (Oh.), Butler (Va.), Campbell (S.C.),
would ignore the results of the "desegregation
Clinger (Pa.), Conable (N.Y.), Conte (Mass.),
lottery' in which officials drew colored ping
Coughlin (Pa.), Deckard (Ind.), DeNardis (Conn.)
pong balls from a hopper. Concerned Beaumont
Derwinski (I11.), Edwards (Ala.), Emery (MA),
citizens have contacted NANS.
Erdahl (Minn.), Erlenborn (I11.), Evans (Iowa),
Austin, Texas: ENCOURAGING! The Austin Inde-
Fenwich (N.J.), Findley (I11.), Fish (N.Y.),
pendent School District board unanimously pas-
Forsythe (N.J.), Frenzel ((Minn.), Gilman (N.Y.)
sed a resolution in favor of a constitutional
Gradison (Oh.), Green (N.Y.), Gunderson (Wis.),
Heckler (Mass.), Hiler (Ind.), Hollenback (N.J.)
amendment prohibiting busing of public school
students for desegregation.
Hopkins (Ky.), Horton (N.Y.), Hunter (Calif.),
Hal Williamson, president of the Austin NANS
Jeffords (Vt.), Leach (Iowa), McClory (I11.),
affiliate, and Lino Graglia, U.T. law professor
Myers (Ind.), Parris (Va.), Pashayan (Calif.)
Petri (Wis.), Porter (III.), Railsback (I11.),
had appealed to the board to take a stand.
Regula (Oh.), Rinaldo (N.J.), Roukema (N.J.),
Lubbock, Texas: The federal judge has ordered
Schneider (R.I.), Shuster (Pa.), Snowe (Maine),
more busing. NANS of Lubbock has been urging
Stanton (Oh), Wampler (Va.), Weber (Oh.), and
the school board there for 3 years to fight
Wolf (Va.)
(continued)
BULLETIN # 26
-5-
OCTOBER - NOVEMBER 1981
Lubbock, Tex. Cont.
tegration.
back, which they are now doing. They have
Note: What a strong NANS Affiliate can do:
filed an appeal and passed a resolution urging
John C. Danforth is a moderate Republican U.S.
Gov. Bill Clements to request a coming special
Senator from Missouri and, until recently, a
legislative session to enact a law prohibiting
middle-of-the-roader on the busing issue. Ex-
use of state and local money for busing plans
actly one year ago Danforth's position was
ordered by federal courts. (School boards in
that he knew busing was a failed policy but it
Abilene, Big Spring, and other smaller school
was a "Constitutional matter" and he would not
districts have endorsed the Lubbock proposal)
interfere with the courts.
A petition drive by the Lubbock EAGLE FORUM
Then, starting from scratch in September
has resulted in over 1600 signatures urging
1980, NANS activity built up to a crescendo in
Congress and the President to pass anti-busing
the St. Louis area. Despite being exposed to
legislation.
anti-busing citizen ire for little more than a
Columbus, Ohio: Supt. Joseph Davis estimated
month before the Nov. elections, Sen. Thomas
that only 69,500 students would be enrolled
Eagleton, a liberal Democrat who adamantly
this year, a drop of nearly 4,000 from 1980.
supports the courts on the issue, barely sur-
Judge Duncan refused to release Columbus schools
vived in his re-election campaign. Danforth,
and he is now requesting "everything" be
up for re-election in 1982, noticed.
racially balanced, including extra-curricular
On June 3, 1981, NANS leaders, meeting with
affairs. Anti-busing candidates, endorsed by
Danforth, obtained a commitment from him to
NANS of Columbus, were elected to the school
support any strong anti-busing legislation
board.
coming out of the Senate Judiciary committee,
and he has voted on the side of anti-busing
Cleveland, Ohio: Cleveland's elected school
forces on several occassions since. Recently
board continues an attempt to function at the
Danforth has introduced his own anti-busing
same time court-appointed administrator and
constitutional amendment proposal.
staff are determined to take-over all functions,
The alert St. Louis area affiliate has ex-
As a result, when the school board under an ex-
posed The Combined Federal Campaign (CFC)
treme financial pinch, refused raises to a de-
(Assoc. of Concerned Citizens of Affton) They
segregation staff (whom they had been ordered
uncovered a stench within the CFC's "giving
to hire), Federal Judge Battisti ordered the
campaign." The CFC is the public sector's
school board president and the treasurer hand-
equivalent of the private sector's United Way
cuffed and jailed in contempt of court.
Drive. In it, federal employees, including
As a result of two resignations, four new
military personnel, are solicited for contri-
school board members have been elected, all of
butions. It develops that some of the anti-
whom indicate they will support the court.
busing movements bitterest enemies are re-
Anti-busing Clevelanders realize that any e-
cipients of CFC-solicited contributions: The
lected official will be a puppet of the court.
NAACP Legal Defense and Educational Defense
The lead plaintiff in the Cleveland case,
Fund Inc., which has instituted suits to bring
Robert Anthony Reed (Reed vs. Rhodes) has re-
busing to hundreds of America's communities;
cently come out strongly against forced busing.
the NAACP Special Contribution Fund, which
And the federal appeals court has upheld Judge
"finances programs in education and legal
Battisti's finding that the state is liable
assistance"; etc. NANS activists in St.
for Cleveland desegregation costs.
Louis have distributed thousands of flyers on
Parents whose children attend schools run
this matter with devastating effects on con-
by a local anti-busing organization have re-
tributions and a plea for a meeting from CFC's
ceived summons to court for violating Ohio's
tri-state chairman in the area. (Your U.S.
compulsory school attandance laws (The schools
Senators and representatives have a say in
have been refused accreditation. Battisti or-
what CFC involves itself with. Write them.
dered the state not to grant charters until
Call them. Object.)
the state developed a policy for chartering
such schools and determined if these schools
Seattle, Wash.: ENCOURAGING! The Washington
met that policy. The guidelines are drawn by
Post reported that the Reagan Justice Dept.
the state, subject to Battisti's approval, and
plans to file papers with the U.S. Supreme
include costly and cumbersome affirmative ac-
Court backing the state's ban on "busing,"
tion requirements) In addition the Welfare
accomplished by a statewide ballot initiative
Dept. is threatening to take a child away from
in 1978. A Justice Dept. official said the
his foster family solely because he attends
Dept. felt the Seattle, Tacoma and Pasco
this non-accredited school.
school boards had made race an issue in deseg-
regating by busing, which the state had a
St. Louis, Mo: Federal Judge Hungate on Aug. 25
right to remove. The Supreme Court has a-
ordered St. Louis desegregation expanded to
greed to hear both this case and the Califor-
include 18 county school districts without
nia case regarding constitutionality of state
their ever having a day in court. Hungate has
constitutional amendments against busing.
now disqualified himself from deciding whether,
as alleged, St. Louis county districts acted to
Eincinnati, Ohio: Two black candidates for
further constitutionally prohibited segregation
the Cincinnati School Board apparently forfeit-
of area schools, but kept judicial control over
ed NAACP support because they ran on a slate
all other aspects of the case, including plan-
opposed to the desegregation suit against the
ning for possible mandatory interdistrict in-
city and because they are opposed to forced
busing.
BULLETIN # 26
-6-
OCTOBER NOVEMBER 1981
New Castle County, Delaware: THE IMPORTANCE OF
IF IT IS TO BE, IT IS UP TO ME: Missouri
KEEPING EYES AND EARS OPEN ! Just to the west
Attorney General John Ashcroft in encouraging
of New Castle County lies Delaware County, Pa.
NANS activities in St. Louis gave listeners
Busing has never been much of an issue there,
the above most ten powerful words in the
and the area congressman is Robert Edgar, an
English language.
ultra-liberal and staunch pro-buser.
BUSING-HOUSING CASE IN YONKERS, N.Y.
Bill D'Onofrio learned that a young Republi-
can, Steve Joachim, a star quarterback with Tem-
Deputy Ass't A.G. for Civil Rights Robert
ple Univ. a few years ago, had announced he
D'Agostino (conservative Delawarean) in recom-
would oppose Edgar in 1982. D'Onofrio sent
mending that the Yonkers, N.Y. busing-housing
Joachim information on NANS and busing and Edgar
case be dropped, said, '(It is) the end result
of a mind-set in the educational area and one
in particular. In a matter of days, Joachim was
of the opening shots in a new attempt to re-
citing facts and pointing out that busing was
just another example ot Edgar being "out of
make America through coerced residential inte-
touch" with his constituents. Win or lose in
gration.
1982, Joachim is exposing Edgar on the busing
issue. Another "virgin" territory has been
TO DO
TO DO
TO DO
TO DO
TO DO
cracked. (NANS leaders and members, watch for
opportunities such as this, and act!)
Continue letters to Reagan. WE MUST OVERCOME
THE MEDIA BLACKOUT OF ANTI-BUSING SENTIMENT.
ON THE ACLU - "A CRIMINAL'S LOBBY" (from the
(Important: Send a copy of your letter to
Pittsburgh Post-Gazette 8/22/81 by Joseph
Reagan to: Mr. Morton Blackwell, 128 Executive
Sobran)
Office Bldg, Washington, D.C. 20501. Other-
"A few months back Ronald REagan's advisor,
wise your letter to Raagan may wind up being
Edwin Meese, referred to the ACLU as a 'crimin-
forwarded to the Justice Dept., without Rea-
al's
Lobby, Sitting in Pittsburgh, a federal
gan knowing of it.)
judge named Gerald Weber has consolidated five
You can plead the cause by phone direct to the
suburban school districts, as judges will
A
White House (202) 456-7639.
teacher named Jay Bush, who is also a parent,
led a march protesting Weber's action. Judge
AT THIS CRUCIAL TIME, WE MUST NOT BE LIMITED
Weber then filed an order enjoining all employ-
IN OUR LOBBYING EFFORTS. WE NEED EVERY
ees of the New School District of his creation
POSSIBLE DOLLAR, QUARTER, DIME AND PENNY.
against any such public protest on grounds that
they owe their entire loyalty and the full de-
EVERYONE - EVERYONE MUST HELP. THE MONEY IS
votion of their duty to the success of the New
NOT GOING TO FALL FROM A TREE.
School District Surely the ACLU, friend of the
Nazi, the Communist, the pornographer, would
See how many new NANS members you can sign
rally to the defense of the teacher and parent,
up this month. If someone is against forced
Right? Wrong. Stressing that public criticism
busing, it makes no earthly sense for him to
of Judge Weber's order was 'often racist in con-
not be a NANS member helping to stop it.
tent, the Pennsylvania chapter of the ACLU sup-
ported both the consolidation order and the fur-
READ: Judicial Review Unmasked, by Father
ther order banning protest by employees of the
Thomas J. Higgins S.J. (Christopher Pub. House
New School District, such as Jay Bush. How did
1405 Hanover St. West Hanover, Mass. 02339.
a 'civil liberties' group justify this abridg-
$14.95) and The Other Side of Racism by Anne
ment of Jay Bush's civil liberties?"
Wortham, (Ohio State Univ. Press, Room 346
Hitchcock Hall, 2070 Neil Ave. Columbus, Ohio,
HAVE YOU RENEWED YOUR OWN NANS MEMBERSHIP?
43210. $12.50)
NATIONAL ASSOCIATION FOR
BULK RATE
NEIGHBORHOOD SCHOOLS, INC.
U.S. Postage
COMMUNICATIONS OFFICE
PAID
3905 MURIEL AVENUE
Cleveland, Ohio
CLEVELAND, OHIO 44109
Permit 1830
NANS
STOP FORCED-BUSING
STOP FORCED BUSING
Busing
NANS
NATIONAL ASSOCIATION FOR NEIGHBORHOOD SCHOOLS, INC.
December 16, 1981
ALERT ALERT - ALERT - ALERT
Anti-busing activists have been repeatedly warned by this
office about the "tough-talking" Reagan Administration Depart-
OFFICERS & DIRECTORS:
ment of Justice.
President: Wm. D. D'Onofrio,
The information I have is that the Department of Justice is
Wilmington, De.
1st V.P.:
Robert DePrez.
coming up with its own "anti-busing" legislation that will
Louisville, Ky.
be presented to Congress for consideration.
2nd V.P.:
Robert Shanks,
Cleveland. Ohio
Secretary:
Kaye C. Cook,
And the word I have is that the Justice Department's (and the
Fredericksburg, Va.
Treasurer: Eart Stauffer,
Administration's) "anti-busing" bill will simply be a re-hash
Columbus. Ohio
of the 1974 Equal Educational Opportunities Act, which listed
a "priority of remedies" federal courts were asked to con-
sider first before deciding on forced busing as the remedy.
George Armstrong.
Louisville Ky.
Noreen Beatty,
Thus, forced busing would remain as an "alternative" the courts
Pittsburgh, Pa.
could use.
Lillian Dannis,
Warren, Mich.
Joyce DeHaven,
Dallas. Texas
This is a laughable approach. And it ties right in with what
Mary Eisel,
Attorney General William French Smith and Assistant Attorney
Omaha. Nebraska
General for Civil Rights William Bradford Reynolds have been
Marlene Farrell,
Nashville, Tenn.
touting as their "solution".
Ruth Glascott,
Bayonne, N.J.
Joyce Haws,
In a nutshell, all Smith and Reynolds have been saying is that
Cleveland. Ohio
the Justice Department will go into court in future cases and
Jim Kelly,
Boston, Mass.
those currently under litigation and urge the court not to use
William Lynch,
busing as the "remedy". Make that plead that they not !
Austin, Texas
Jackie LeVine,
Los Angeles, Cal.
This approach does nothing for existing orders and only promises
Libby Ruiz,
Tucson, Arizona
a slowing down at best of future orders. And it even naively as-
Don Schlipp.
sumes that future Justice Departments will take an "anti-busing"
Eau Claire, Mich.
Dan Seals,
position before the courts.
Lubbock, Texas
Dan Shapiro,
Los Angeles, Cal
This approach is nothing more than an attempt to defuse the
Frank Southworth
push for stronger legislation in the Congress that would strip
Denver Colorado
Ed Studiey.
the courts of jurisdiction to order busing at all, a legislative
Boston Mass
solution that Mr. Reynolds has already indicated he opposes.
James Venema.
New Castle. De
Nancy Yotts.
This is hardly acceptable as the fulfillment of President Reagan's
Boston, Mass.
promise to the American people to stop forced busing.
William D. D'Onofrio, President
National Association for Neighborhood Schools
STOP FORCED BUSING
president's office
communications office
membership office
1800 W. 8th St.
3905 Muriel Ave.
4431 Okell Rd.
Wilmington, DE 19805
Cleveland, OH 44109
Columbus, OH 43224
NANS
STOP * FORCEO F
NANS of EASTERN MISSOURI
AFFILIATE OF
*
*
NATIONAL ASSOCIATION FOR NEIGHBORHOOD SCHOOLS, INC.
BUSING
10/7/81
ACCA
P.O. Box 4341
St. Louis, MO 63123
Mr Morton Blackwell
ANSJC
P.O. Box 444
Office of Public Liason
Arnold, MO 63010
NO-BUS
P.O. Box 1123
Florissant, MO 63031
Enclosed articles for your Lile
SCANS
on Judicial Tyranny in imposing
P.O. Box 10753
St. Louis, MO 63129
racial balancing via
STCCANS
P.O. Box 1265
St. Charles, MO 63301
Mondatory Busing
WCANS
P.O. Box 814
Manchester, MO 63011
Gayle Wm. Taylor, President
St Charles County
Gssn. of Neighborhood Schools
CHRONOLOGY
U
.S. District Judge William L. Hungate's order
Meredith's ruling and ordered immediate planning for
requiring the development of a mandatory
systemwide desegregation of St. Louis Public Schools in
desegregation plan to include 18 of St. Louis
September, plus an effort to get cooperation from
County's 23 regular school districts is the latest
suburban districts to assist the integration.
development in the 91/2-year-old city school case.
April 3, 1980 - School officials unveiled a draft
Busing opponents predict another flurry of legal
desegregation plan.
battles over the interdistrict ruling issued Tuesday. Here
May 8, 1980 - Meredith gave conditional approval
is a chronology of other major events:
of the plan.
state
Feb. 18, 1972 - Minnie Liddell, a North Side
May 12-15, 1980 - Meredith conducted a hearing
parent, and a group of other black parents filed a civil
found
on the plan, which was opposed both by North Side and
rights complaint with U.S. District Court against the St.
South Side parents and the NAACP.
Louis Board of Education, school officials and the State
guilty
of Missouri. The complaint claimed the school board was
May 21, 1980 - Meredith approved the plan and
operating a segregated school system.
ordered preparation of a voluntary interdistrict plan, one
WITHOUT
April
19,
1973
-
The
defendants
denied
the
for merging the vocational education programs of the St.
Louis system and Special School District of St. Louis
allegations.
County, and a draft of a possible mandatory interdistrict
BEING
Oct. 3, 1973 - U.S. Distict Judge James H.
plan.
Meredith ruled that the suit could continue as a class
July 10, 1980 - Missouri Attorney General John D.
CHARGED
action.
Ashcroft asked the Court of Appeals to stay Meredith's
Dec. 24, 1975 - Meredith approved a consent
order until the case could be argued before the appellate
As
decree. The board agreed to a three-year formula for
court. Missouri officials had been added as defendants in
racial balance in the staff, the establishment of
the case in 1977.
integrated "magnet" and special-subject schools, and the
Aug. 15, 1980 - The Court of Appeals denied
DEFENDANT
taking of other steps to overcome racial imbalance.
Ashcroft's request for a stay, clearing the way for the
Oct. 17, 1977-May 26, 1978 - The case was tried
desegregation plan to go into effect when school opened
before Meredith in five different sessions lasting 13
Sept. 3.
weeks.
April 12, 1979 - Meredith ruled in favor of the
Dec. 15, 1980 - State officials submitted a plan for
voluntary regional cooperation in desegregation. The city
school board and against the black parents' group, the
board of education and U.S. Justice Department lawyers
Justice Department and the National Association for the
Advancement of Colored People, which earlier had been
urged its rejection.
allowed to intervene.
Dec. 19, 1980 - Meredith ordered the state to
June 6, 1979 - The NAACP appealed Meredith's
revise its plan. Also that month, Meredith stepped down
ruling to the 8th U.S. Circuit Court of Appeals. Four other
from handling the case. It went to Hungate.
appeals followed.
Jan. 9, 1981 - The city school board filed motions
March 3, 1980 The Court of Appeals reversed
asking that school districts, county governments and
public housing agencies of St. Louis, St. Charles and
Jefferson counties be included in the court-ordered
ST LOUIS
desegregation plan. A few days later the NAACP filed a
similar motion which, in addition, sought to name the
City of St. Louis and St. Louis Housing Authority as
defendants.
GLOBE -
Feb. 13, 1980 - The Court of Appeals affirmed
Meredith's desegregation order, including requirements
for interdistrict planning.
DEMOCRAT
8/26/81
May 4, 1981 - Among proposals submitted for the
voluntary interdistrict plan, the U.S. Justice Department
suggested state-paid tuition to Missouri public
universities for students who voluntarily transfer to
another school district to improve city-suburban
integration.
June 11, 1981 - Hungate approves a settlement
worked out by the St. Louis school board and Special
School District for voluntary student exchanges.
July 2, 1981 - Hungate proposes a regional
voluntary desegregation plan that called for responses
from 39 districts. It does not include the tuition proposal
but would require the state to pay transportation costs
and supplemental state aid to districts participating in
the voluntary program.
Aug. 6, 1981 - The deadline for responding to the
interdistrict plan. Thirty-three had rejected it, four
accepted if certain changes were made, and two would
make no decision until the U.S. Supreme Court ruled on
the state's latest appeal.
Aug. 17, 1981 - In a brief, the Justice Department
urged the U.S. Supreme Court not to hear the state's
appeal. The department also said it supported the city
school board's position that the state should pay at least
half of the cost of the desegregation plan, pay costs of the
interdistrict plan, and take a leading role in the
interdistrict planning.
ST LOUIS GLOBE DEMOCRAT
8/26/81
Hungate moves
toward possible mandatory plan
Judge William L. Hungate
A
Ithough school district attorneys and officials are
still sorting out the implications of Judge William
L. Hungate's rulings Monday on interdistrict
desegregation, they generally agree that the judge gave
a green light to at least a small-scale voluntary
approach..
And in another order Tuesday, Hungate moved
forward with steps toward a possible mandatory plan for
those who do not choose the voluntary version.
He ordered three experts he appointed July 31 to begin
"to assemble data for a mandatory desegregation
remedy" and report to him by Sept. 7 on "the broad
paramenters" that should be included in such a plan.
"It looks as though what the judge said will satisfy
the chief condition for districts that wanted to participate
Most attorneys agreed that Hungate had taken an
in the voluntary plan," Bertram W. Tremayne Jr.,
unusual step to allow public comment on the proposed
attorney for the Kirkwood and University City districts,
mandatory plan by naming a St. Louis lawyer, Shulamith
said Tuesday.
Simon, "to call witnesses, file pleadings and perform
That condition was legal protection, at least for the
such other functions as necessary to ensure the adequate
time being, against mandatory involvement. The
representation of the public interest."
Kirkwood, University City, Clayton and Ritenour
"She will function as a friend of the court to determine
districts had sought it as the main stipulation for
that the public is fairly represented," said St. Louis
cooperating.
University law professor Joseph J. Simeone, who has
Hungate specifically excluded these districts from
been an adviser to Hungate during the summer.
Monday's order declaring 18 other regular districts in the
Under the order, she will assure public participation
county as defendants. He also excluded Ferguson-
not only on the mandatory plan but on plans pending
Florissant because that district desegregated in the late
before Hungate on how governement-financed housing
1970s under the jurisdiction of the federal courts.
programs can facilitate school integration.
As part of the protective order for districts
Miss Simon, 48, left Sunday for a trip to Russia and
participating in the voluntary plan, Hungate issued a
will return in mid-September, according to her secretary.
stay against any evidence-gathering pertaining to a
A University City resident and graduate of Columbia
mandatory approach "as to any district for so long as it
University, she has been a member of the St. Louis law
is participating in good faith" in the voluntary plan.
firm of Husch, Eppenberg, Donohue, Elson and Cornfield
"I agree that this appears to satisfy the principal
condition," said Clayton Superintendent Earl W. Hobbs.
The judge did not specifically rule on other
since 1956. She was a nominee for a federal appeals court
conditions requested by the four districts, but said they
appointment in 1980.
would be granted if "not inconsistent" with the voluntary
plan.
David L. Colton, of Washington University, one of
Paul B: Rava, an attorney for the St. Louis school
the three experts named by Hungate in June, declined to
board, said that the conditions — such as admissions
comment on implications of the judge's orders.
procedures for transfer students, financing assurances,
"I expect we'll get our instructions in writing soon,"
and transportation questions — can be worked out in
he said. The other experts are Lonnie H. Wagstaff, of
conferences among attorneys and in meetings of the
Ohio State University, and Robert A. Dentler, a former
coordinating committee being set up to implement the
dean at Boston University.
voluntry plan.
An obvious benefit of having a voluntary plan in
Hungate asked that they complete "the framework"
operation, Rava said, is that eventually more districts
for a mandatory interdistrict plan before their terms as
might participate rather than engage in lengthy litigation
experts expire Nov. 16.
in opposition to a mandatory version.
Glenn A. Campbell, the St. Louis system's chief
The non-participating districts will feel pressures
desegregation planner and temporary chairman for the
swiftly, since Monday's benchmark ruling makes them
interdistrict coordinating committee for the voluntary
formal defendants for the first time. Hungate asked that
plan, said he hoped a meeting could be held in a few days
attorneys submit evidence by Nov. 25 on why each of the
to discuss the plan's implementation.
18 should or should not be made part of a mandatory
interdistrict plan.
The "suggested plan" for mandatory interdistrict
desegregation is due Feb. 1, under Hungate's order, with
a hearing on it to commence a month later. The state,
city school board and U.S. Justice Department are
responsible for preparing the plan, with the assistance of
the experts.
Such a plan originally was due Nov. 1, 1980, but the
requirement for completing it has been postponed
repeatedly while efforts for a voluntary approach went
on.
The judge apparently will allow oral arguments
from districts disputing their status as defendants at the
March hearings, Rava said.
ST CHARLES POST
8/28/81
Magnet Pupil's Fare
One Way In Taxicab
May Top $19 A Day
it is a commitment we have to keep"
But she added that she hopes enough
other students join the magnet school
program so that more cost-effective
arrangements can be made.
Roger Sanders can relax. He'll be
differences as a problem at first.
Late Thursday afternoon, she
going to the Academic and Athletic
The students with whom Roger was
telephoned Mrs. Briscoe to give her the
Academy in St. Louis after all.
to have been transported are to attend
news. Mrs. Briscoe was a bit stunned at
But he'll be coming home in a
the Visual and Performing Arts magnet
the outcome, but very pleased.
taxicab at the expense of the St. Louis
school, and Mrs. Purdy figured that
Board of Education. And according to
since students frequently have after-
The estimate on cab costs was made
an estimate from a cab company, the
school activities, Roger's co-riders
by County Cab Co. of St. Louis County,
cost of that one-way fare could amount
wouldn't mind sticking around a couple
using the magnet school's address at
to more than $19 a day.
of extra hours each day.
450 Des Peres Avenue in St. Louis and
Roger is one of five St. Charles
They may not have, but the mother
Roger's address in the 2100 block of
County students accepted to participate
of one of the girls explained that her
West Adams Street in St. Charles. A
in the magnet school program in St.
daughter has voice and piano lessons
dispatcher said it was possible that a
Louis. A sixth application is pending.
two days a week in St. Charles and
"package deal" could be worked out by
Officials of the St. Louis School
couldn't wait around on those days.
the business office if that cab company
District had assured participants in the
Roger's mother, Wanda Briscoe,
were used.
magnet school program that
was so sure that his plans were
The other St. Charles County pupils
transportation would be provided.
squelched that he started school
planning to attend magnet schools in St.
Students were to be taken to pickup
Wednesday at Hardin Junior High
Louis are:
points, to be transported by bus or car
School. But she didn't give up.
- Vernon Kettmann, 5, of Harvester
to one of the 20 magnet schools in St.
and Jason Kern, a second-grader, of St.
She was angry. Her son had been
Louis.
accepted by the magnet school in May,
Roger, 12, was to meet two other
she had filled out a transportation form
students at the Noah's Ark Motor Inn in
and had been told to wait for a postcard
St. Charles each morning and be
from the St. Louis district detailing
returned there each afternoon.
Charles, who will go to the Montessori
Roger's transportation directions. She
That's where the problem arose.
magnet school at 1121 North Euclid
heard nothing all summer, however,
Mary Beth Purdy, who is the liaison
Avenue.
and on Monday called Mrs. Purdy.
between parents and the transportation
Tamara Tungate, 16, and
The problem ended up in the hands
division of the St. Louis School District,
Penelope Reid, 17, both from the Fort
of the Desegregation Monitoring Office
explained it this way:
Zumwalt School District, who will
of the St. Louis School Board on
"The problem is that Roger starts at
attend the Visual and Performing Arts
7:30 and gets out at 4. The others start
Thursday morning.
School.
Dolores Longley, assistant director
at 7:30 and get out at 2.
Mrs. Purdy said there were no
there, said Thursday afternoon,
(The Athletic Academy, which
transportation problems with any of the
"Arrangements are being made to
Roger will attend, will hold practices in
students except Roger.
bring Roger back to his home daily by
the afternoon. The students with whom
taxi. We do feel it is a commitment we
Mrs. Longley was asked out of which
he was to have gone will go to another
made to accept the young man. We feel
fund the money to transport Roger will
school.)
come. "We do have a transportation
Mrs. Purdy didn't see the time
See RIDE, Page 2
fund, which comes from the state of
Missouri," she said.
He'll start school Wednesday.
The magnet schools are part of a St.
Louis desegregation plan; they are
designed to help draw St. Louis students
of different races to classes together
and to attract suburban students to
schools in St. Louis on a voluntary
basis.
ST LOUIS POST Dis DISPATCH
8/29/81
Chicago School Plan
Objections Retracted
CHICAGO (UPI) - Federal attor-
school system.
neys have withdrawn their objections to
School officials hope that
the Chicago Board of Education's
desegregation in the nearly 500,000
school desegregation efforts.
student system can be achieved
Last month, Justice Department
through voluntary transfers and
officials complained that the board's
redrawing of district lines. Their
planning did not go far enough, and
objective is to prevent any school from
asked a federal judge to order the
having a white student enrollment of
board to speed up its desegregation
more than 70 percent.
timetable.
The joint statement said busing
But in a joint one-page statement
would begin only if voluntary measures
filed Friday with U.S. District Judge
fail over the next two school years.
Milton I. Shadur, Justice Depar ment
and board attorneys expressed
The board estimates that 5,100
confidence that a plan for
minority students will transfer
desegregating city schools can be
voluntarily to predominantly white
worked out.
schools this fall and that 25 magnet
The federal attorneys said there is
schools in minority neighborhoods will
no reason for the court to intervene.
have white enrollments of 15 percent to
"The parties are encouraged by the
30 percent by October 1982.
positive tone and the constructive
The board has been trying to work.
results of their discussions in the last
out a desegregation plan since last
month," Justice Department officials
September, when members signed a
said.
consent decree, making it the only
The department said significant
large-city school system to undertake a
progress was being made toward
desegregation effort without being
desegregating the predominantly black
under court order to do so.
Top Special District Officials Reassigned
The Special School District of St.
concise and accurate budget for the
Louis County again has reassigned
1981-82 school year. The decision was
administrators in the district's third
made in a closed School Board meeting
administrative shake-up in less than a
Wednesday.
year.
Darrell L. Holley, interim superin-
Board secretary William P.
tendent, has been reassigned as
DeCoursey Jr. said the passage of a
associate superintendent of business
budget was the board's top priority.
affairs. James J. Harmon, the district's
"Dr. Holley is the most knowlegeable
deputy superintendent, succeeds Holley
person in the district who can put that
as interim superintendent. The changes
budget out," DeCoursey said.
are effective immediately.
District spokesman Joseph Beck
The School Board rejected a $73
said Holley was moved "for the
million budget in June. It has been
primary purpose of preparing a clear,
then. operating on its 1980-81 budget since
ST LOUIS POST DISPATCH
8/29/81
Special District Fails
To Approve Operating Plan
By Linda Eardley
desegregate the two districts'
and Catherine Vespereny
vocational programs, which was to
Of the Post-Dispatch Staff
begin this fall.
The Special School District of
Burton M. Greenberg, attorney
St. Louis County failed to meet a
for the Special District, said the
court-ordered deadline Friday to
district board did not ratify the
ratify operating guidelines for a
guidelines because the state has
voluntary desegregation plan with
said it has no money to finance the
the St. Louis public schools.
plan. He said the proposed
But the city School Board met
guidelines also may pose other
the deadline and accused the
problems, such as possible
Special District of delaying the
discrimination involving faculty
implementation of the plan to
See GUIDELINES, Page 3
Guidelines
FROM PAGE ONE
members allowed to transfer under the
Special District, the U.S. Department
far no director has been hired.
plan.
of Justice, the state, the city of St. Louis
In a motion filed in federal court
"We're not trying to be
and the National Association for the
Friday, the city board said the Special
obstructionist,' Greenberg said.
Advancement of Colored People.
District failed to send a representative
"We're just being practical in pointing
The operating guidelines were
to an interview session with director
out these problems."
formulated by a committee made up of
candidates this week.
The committee set up to administer
representatives of the state, the city
The board asked the court to direct
the plan has proposed a $226,100 first-
school district and the Special District.
the Special District to explain why it
year budget, with the city and Special
The committee proposed hiring an
has "failed to take the actions
School districts contributing $33,034
executive director to oversee the plan,
required" by the desegregation plan.
each and the state providing $160,033.
at an annual salary of $38,000. But so
The city board also wants the court to
No money is earmarked in the state
budget for voluntary or mandatory
desegregation costs. Larry R.
Marshall, state assistant attorney
general, said a special request for
money would have to be made when the
Legislature convenes in January.
The state also has asked the 8th U.S.
Circuit Court of Appeals here to review
the plan. The state, Marshall said, has
"consistently opposed the funding
order" of the plan.
The Special District also has asked
the appeals court to review the plan.
Greenberg said the appeal is a means
of protecting the district against any
court-ordered changes in the plan that
the district might oppose.
The plan was the result of a
settlement by the city board, the
ST LOUIS POST DISPATCH
8/29/81
By E. S. Evans
Of the Post-Dispatch Staff
A mandatory school desegregation
plan for the St. Louis area should
include consolidation of suburban
school districts and "non-
discriminatory transportation of
pupils," say papers filed Friday in
desegregation case as defendants and
federal court here.
the development of a mandatory
The St. Louis Board of Education
desegregation plan. He deferred adding
formally charged in a claim filed with
defendants in the other two counties.
U.S. District Judge William L. Hungate
In the 33-page document outlining
that the school, boards and governments
the history of school segregation in the
of St. Louis, St. Charles and Jefferson
metropolitan area, the city board also
counties are perpetuating racially
asked the judge Friday to include as
segregated education.
defendants the five St. Louis County
The city board asked the judge to
school districts he has excluded. Those
order them to cease and correct that
districts - Clayton, University City,
alleged violation of the U.S.
Kirkwood, Pattonville and Ritenour -
37 percent of the total metropolitan
Constitution.
have agreed to participate in a
population."
Hungate has ordered 17 of the 23
voluntary desegregation plan approved
The city School Board also asked the
regular school districts in St. Louis
by the court.
court to delay until March 20 the time
County added to the 9-year-old
In addition, the board charged that
allowed the defendants to respond its
claim. Also requested were extension of
the "discovery" period in which the
defendants are to prepare their
positions.
Hungate had given the defendants 90
the St. Louis Housing and Land
As evidence of the continued
days to complete their investigations
Clearance for Redevelopment
existence of separate schools and
and scheduled a hearing for Feb. 1.
authorities - along with the state and
districts for black and white students,
In a related matter, the Hazelwood
local governments and school districts
the board cited areawide figures
School Board voted unanimously
- were responsible for maintaining
indicating that most black students in
segregated housing patterns
the county are concentrated in certain
contributing to school segregation.
school districts. About 29 percent of the
The mandatory plan should be
area's students are black, it was noted.
Thursday night to fight Hungate's order
drafted "without regard to school
district boundaries and within a
"Four districts - St. Louis,
adding them as defendants in the
constitutionally acceptable period of
Wellston, University City and
desegregation case. The board called
time," the board stated. It should
Normandy I are more than 70 percent
Hungate's action an "attempt to
black, while 25 districts are less than 10
destroy the philosophy of neighborhood
encompass "all school districts that the
percent black, including 17 districts
schools and local school control."
court determines to be necessary for an
effective, complete, practicable and
that have black enrollments of less than
"The Hazelwood School District
stable remedy."
1 percent," the board stated.
believes that the resources of quality
Among features of the mandatory
"Furthermore, approximately 86
education are presently and readily
plan called for are reorganization of
percent of all black children in the
available in the city of St. Louis, and
school districts, magnet schools,
metropolitan area attend school in five
the issue is one of poor management of
school districts — St. Louis, Normandy,
resources and not of deprivation," a
faculty and staff desegregation and
University City, Wellston and
statement by the Hazelwood board said.
non-discrimination in pupil.
assignments, as well as consolidations
Ferguson-Florissant - that have only
and transportation.
See DESEGREGATION, Page 3
281 white students apply
to city's magnet schools
promoted in any way" in the Hazelwood district, one
By SCIPIO THOMAS JR.
of the first to reject joining the voluntary plan.
Globe-Democrat Staff Writer
In Ferguson-Florissant, where 30 students - - the
largest number from a suburban district - have
Of the 281 white suburban students who have
applied to depart for the city, an administrator cited
applied to attend city magnet schools, most come
the more intensive career-oriented instruction of the
from districts that have refused to participate in U.S.
magnet school as an attraction.
District Judge William L. Hungate's voluntary
desegregation plan.
Of those 30, 26 have been accepted and four are
About 40 of the volunteer students are from
waiting for notification.
Kirkwood, Ritenour, Clayton and Pattonville four
Max Wolfrum, Webster Groves assistant
of the five districts that have conditionally accepted
superintendent, agreed. "I think they were interested
the voluntary desegregation effort.
in a special-interest type of school," Wolfrum said,
The Pattonville School Board, which had rejected
adding he believes some will return to the suburban
schools.
the plan, changed its mind about participating
Wednesday and was allowed by Hungate to
Twenty-four students in Webster Groves have
participate in the plan.
applied to attend the public schools, with 22 already
White students wishing to transfer to magnet
accepted.
schools from the predominantly black University City
Officials in the Parkway district, the largest in the
School District - which also agreed to participate in
county, could not be reached for comments. Twenty-
the plan - were not accepted, said Mary Beth Purdy,
nine students from that district have applied to
director of the St. Louis School District recruiting and
transfer to the city with 28 already approved.
counseling center.
Student applications from other St. Louis County
MRS. PURDY SAID the final figure of 281
districts are:
transferring students has just been compiled and a
Affton, 11; Brentwood, 14; Clayton, two; Hancock
breakdown on where the students come from is not
Place, five; Jennings, six; Kirkwood, 16, three
yet available. But as of Aug. 19, transfers to the city
pending approval; Maplewood-Richmond Heights,
schools stood at 256, and those figures show students
26; Mehlville, 15 applications; Pattonville, three;
from all over the metropolitan area have decided to
Ritenour, 17; Riverview Gardens, 13; and Rockwood,
attend city magnet schools,
five.
The "magnetic" pull of the city schools attracted
IN ST. CHARLES County, the number of students
students not only from St: Louis County, but from St.
applying are: St. Charles, one; Fort Zumwalt, two;
Charles and Jefferson counties, as well as one student
and Wentzville, one.'
each from. Gasconade County, about 60 miles
The number of student applications from Jefferson
southwest of St. Louis County, and Illinois. While
County are: Fox, four, and Windsor, five.
most of the students have been accepted to begin
classes Wednesday, 10 students are still waiting for
their applications to be approved.
Mrs. Purdy said those 10 students "would
eventually be approved, but not in time for the
beginning of school." Mrs. Purdy also added that
applicants were listed according to the school district
where they live and that not all, attended public
schools in those districts.
OFFICIALS IN THE suburban districts contacted
by The Globe-Democrat said they had received no
information about students transferring out of their
districts and would not have any information until the
district was contacted by the city schools.
In the Hazelwood district, where 11 students have
been accepted into city schools and three are
awaiting approval, Superintendent Thomas J.
Lawson said he hoped transferring students were
successful. He said transfers to city schools "was not
ST LOUIS POST DISPATCH
9/1/81
McNary Vows To Fight
Mandatory School Plan
By Howard S. Goller
they come down on me?"
Court here to begin desegregation of
Of the Post-Dispatch Staff
NcNary said county officials would
city schools.
St. Louis County Executive Gene
use "all our legal abilities, all of the
No decision has been rendered by
McNary, promising to fight any court-
influence that St. Louis County citizens
either court on whether to carry out a
ordered mandatory St. Louis school
as a whole can muster
and we may
mandatory plan that would involve
desegregation plan to the Supreme
even look for different approaches to
suburban schools.
Court, has announced that he will meet
bring this judge to his senses."
"When we take this to the 8th Circuit
tomorrow with representatives of some
McNary said the county would try to
Court of Appeals, it will be a
suburban school districts to discuss
set up a central office for school
perfunctory matter because that court
coordinating legal efforts.
districts in fighting the busing suit.
has displayed its colors," McNary said.
"We're going to put every ounce of
Tomorrow's meeting would be a
"Anything we take to them will be to
our energy into reversing the course of
preliminary session with the attorneys
get a quick rejection.
this federal court," McNary said.
of a few school districts in the county
"Then we'll take it to the U.S.
Last week, U.S. District Judge
and probably would be followed by a
Supreme Court. It's the only chance. No
William L. Hungate ordered the state,
larger meeting later, he said.
lawyer knows how to deal with a
the city School Board and the federal
Alex Lantos, president of the
completely improper and unlawful
government to develop a desegregation
Mehlville School District Board, said he
order."
plan involving the city and the county.
was "glad to see McNary take this
He asked how the court could justify
The judge added 17 county school
stand." Lantos said the board voted 6-0
requiring a mandatory plan drawn up
districts as defendants in the case. He
Monday night to affirm its earlier
before hearing from the county districts
also named the county and three county
position to oppose busing because "it is
named as defendants: "Was there ever
officials, including McNary, as
not one of the tools to achieve better
a decision on the merits that St. Louis
defend nts.
education."
County discriminated or segregated?"
Edward E. Murphy Jr., the attorney
A defendant's usual course is to seek
for the Riverview Gardens School
a higher court's opinion after a case has
McNary said he did not know why
District, said he approved of McNary's
been tried and an unfavorable verdict
Hungate had named him as a
stand, although he had not been called
rendered. It could be a year or longer
defendant. "Maybe he just wants us
about attending a conference.
before the Supreme Court would decide
(the county) to pay the bill" for
"It's about time somebody got up
whether to hear the case.
integration costs, the county executive
and started shouting about all the
County officials have said that they
said.
things that are wrong with this
could only speculate on why Hungate
McNary turned aside a suggestion
lawsuit," Murphy said. "McNary will
joined the county and three county
that Hungate's action would help
get more publicity than individual
officials as defendants.
McNary politically in running for re-
attorneys."
The county might have been named
election in 1982 or seeking the
Robert P. Baine Jr., the attorney for
because of housing segregation alleged
Republican nomination for governor in
the Hazelwood School District, also said
by some who filed the suit, said County
1984 by giving him justification for
that he had not been called, but that he
Counselor Thomas W. Wehrle. He said
taking a leadership role in fighting
thought a meeting of school district
the officials may have been named
busing.
attorneys would be helpful. But Baine
because they handle the collection and
"I'm not looking at this from a
said the districts still would have to
disbursement of school taxes. The
political standpoint," he said. "I'm a
make their own decisions about
judge named the three officials on his
lawyer, and I just don't understand how
handling the case, because their
own.
the courts can operate this way.
situation was different from that of St.
Politically, it may end my career.
Louis County.
You're up against the courts, and they
A spokesman for the Lindbergh
seem to be all powerful. Why couldn't
School District said the district board
voted 6-0 Monday night to affirm its
position against participating in the
voluntary school integration plan. But
the spokesman said the district had no
reaction to McNary's proposal.
McNary, who returned to work
Monday after a weeklong vacation, said
the "absolute culprit" was the 8th U.S.
Circuit Court of Appeals, which in
March 1980 ordered the U.S. District
ST
CHARLES
POST
9/2/81
County Is In Limbo
On Desegregation
By Patricia McCarron
Of the St. Charles Post
Susan Uchitelle, the temporary
chairwoman of a. committee that
will coordinate the voluntary St.
Louis area desegregation plan
ordered by U.S. District Judge
Susan Uchitelle
William L. Hungate, could offer no
Committee chairwoman
enlightenment Monday on what the
future holds for St. Charles County
schools in the case.
FROM PAGE ONE
The St. Louis Board of
Education and the National
not been named as a defendant, Ms.
order should be viewed as nothing more
Association for the Advancement
Uchitelle said superintendents of the
than a temporary reprieve for St.
of Colored People have asked
five county districts here may not be
Charles County. "Eventually, they will
Hungate to bring all the school
furnished with copies of that order.
want to pull us back into it," he said
districts in Jefferson and St.
Superintendent Allan Henningsen
Monday.
Charles counties, as well as the
said he had heard nothing of substance
counties themselves, into the case
Meanwhile, he said his anti-busing
about where St. Charles County stands
as defendants. Hungate has
in the matter from the federal court or
group would continue to support
delayed ruling on those requests
national and local efforts to limit the
the district's attorneys.
pending hearings.
power of the federal courts in the area
But Gayle Taylor, president of the
But no hearings have been
of desegregation. His group is part of a
St. Charles County Association for
scheduled, and Ms. Uchitelle
national organization working to put an
hinted that the matter may not be
Neighborhood Schools, said Hungate's
end to court-ordered busing for
set for a hearing until after March
desegregation on a national scale.
1. That's when Hungate has
Anti-busing groups in St. Louis
scheduled a hearing on a
County have invited a member of the
mandatory desegregation plan for
earlier refusal to join the
school board in Columbus, Ohio, to
St. Louis and St. Louis County. The
voluntary plan. The district
speak at public meetings on Sept. 22
mandatory plan is supposed to be
petitioned the court to join the
and 23. The speaker, Bill Moss, who is
submitted by Feb. 1.
voluntary plan, and Hungate
black, will discuss the negative impact
St. Charles and Jefferson
approved.
of cross-town busing on the education of
counties were not part of
If the evidence presented on
black children in Columbus, Taylor
Hungate's order of Aug. 24, which
March 1 convinces the judge that
said.
named 18 St. Louis County school
the other districts named as
districts as defendants in the 9.
defendants contributed to
The meetings will be at 7:30 p.m.
year-old St. Louis desegregation
segregated classes in the city, he
Sept. 22 at Mehlville High School and
case. Hungate hinted that he might
may order those districts to join a
7:30 p.m. Sept. 23 at Holman Junior
order that a mandatory
mandatory plan for desegregation.
High School in St. Ann.
desegregation plan be put into
effect for the districts named,
The superintendent of the St.
effective in the 1982-83 school year.
Charles School District said he had
not seen a copy of Hungate's Aug.
Since the Aug. 24 order, the
24 order.
Pattonville School District - one
Because St. Charles County has
of those designated as a defendant
in the case - decided to reverse its
See SCHOOLS, Page 2
No To Busing
What does Judge Hungate think he is
doing by usurping basic parental
rights? The havoc that could ensue as a
LOUIS POST-DISPATCH
result of mandatory busing of school
Founded for JOSEPH I'l LITZER
children is all the sadder because it is
December 12. 1878
brought about by nonsensical means.
The first so-called "snow day" will
permit common sense to surface and
Wednesday September 2, 1981
the whole ridiculous ritual show itself
for what it is. Many schools in such a
widespread area cannot receive the
letters
children when streets and roads are
covered with ice or snow. Other
districts will be unable to bus out
children because of the same
conditions. And while certain school
districts can hold school in a localized
It seems that Judge William L.
storm area, other schools will be
Hungate is injuring, rather than
closed.
helping, the cause of integration in the
We hope the parents of these
St. Louis area.
thousands of children will insist upon
This problem should be taken out of
their constitutional rights to provide
his hands entirely, and a new approach
education for their children. We wonder
be made. For too long the federal
why any one individual would wish
government has tried to do the job for
control over so many lives. In case of
education, a job that should be handled
injury or illness, parents cannot be in
by state and local groups. Why not
easy reach of their children. Education
return to handling our own problems,
is all important, but forced busing only
give education back to the teachers and
compounds the problem of providing it.
administrators who know the problems
Shrewsbury
H. G. McMahon
on the school level? Let the federal
government keep its money for other
things and end its meddling.
In your Aug. 18 editorial you stated
Vernon T. Heys
that the Justice Department has sought
St. Louis
the utmost racial integration of the
public schools as a matter of
constitutional principle.
Judge Hungate's decision, on forced
A number of constitutional scholars
desegregation, was predictable and
believe that the Constitution does not
enhances the creeping dictatorial
require integration but merely forbids
powers of the judiciary.
discrimination. There are no clear-cut
The only parties approving the
constitutional or statutory
decision are Judge Hungate's court, the
requirements for racially balanced
NAACP and the City of St. Louis.
Parents and students have been left out
schools or judge-made policies of school
assignment.
in the cold. Nobody bothered to ask
Under Article III, Section 2 of the
them what they wanted out of an
Constitution, simple majority federal
educational system; and all they
legislation can eliminate court-ordered
wanted was a quality education for
forced busing by stripping federal
their child at their neighborhood school.
courts of their jurisdiction on such
Quality education depends on
cases. When Americans realize this,
curricula and the teaching tools offered
busing will cease. Such legislation,
by the school administration; teachers
although ending court-ordered busing,
with the expertise to impart knowledge
would not prohibit magnet schools or
to the student; motivation from parents
other voluntary efforts to improve the
on the home front and students' desire
education of children.
to learn.
Those who wish to end forced busing
Without any of the above, you can
should write and call their elected
bus children from here to Timbuktu and
representatives and senators to support
they still won't learn. How do I know
legislation such as Rep. Ashbrook's bill
this? My wife and I have raised and
or new bipartisan House and Senate
educated five sons, and the whole
proposals. Rep. Mottl's constitutional
process was a family endeavor. The
amendment, co-sponsored by our own
family being the school, the parents and
fine Rep. Young, is unnecessary and
the children.
burdensome. Simple majority
The apparent winners of this
legislation will suffice.
decision are the bus companies, and the
With almost 80 percent of Americans
City of St. Louis Board of Education,
opposed to forced busing, continuous
which looks to busing as one way to
pressure on members of Congress, both
cover up the inadequacies of its system.
Democrats and Republicans, and on
Bill Bandle
this administration, could mean the end
Jennings
of court-ordered busing in 1982.
William H. McAllster
Brentwood
ST LOUIS POST DISPATCH
9/3/81
Second Year For Desegregation
St. Louis city schools have opened with
year, while its black majority has increased
limited encouragement for the future of
from 78 percent to 80 percent. The figures
desegregation, and no encouragement from
demonstrate that the city schools cannot
the state of Missouri.
integrate the races meaningfully without
The interchange of black city and white
suburban and state cooperation.
suburban students is increasing. Twenty-five
Where the state is concerned, though, the
white county students will attend the city's
St. Louis schools are getting obstructionism
O'Fallon Technical Center and 42 city black
instead of cooperation. Attorney General
students will go to the North and South
John D. Ashcroft has appealed the U.S.
County technical centers, while 323 white
District Court order that the state pay half
S' burbanites will attend the city's 18 magnet
the city's desegregation costs. He says that
schools. These students are voting for
public safety, social services, mental health
improved education for themselves -
and other state programs would suffer. That
something most suburban school districts
complaint has a strange ring, coming from a
refused to do in rejecting a voluntary
spokesman for a state administration that
desegregation plan.
already has cut back these programs
But the impact of the exchanges is not
severely. Instead of excusing their inability
enough to change the city's desegregation
to maintain an adequate level of public
problem, for the city's total school
services, state officials ought to be looking
population has declined about 8 percent in a
for better ways to sustain them.
U.S. Allots $4.6 Million
For Desegregation Plan
By Edward H. Kohn
$2.45 million - is to be used for the
Of the Post-Dispatch Staff
city's "magnet," or specialized-
The federal government will
education, schools; specialty
give the St. Louis School Board
programs, and part-time
$4.64 million in funds under the
programs.
Emergency School Aid Act for the
All the programs are intended
coming school year.
to help desegregate the city's
The grant was approved
schools. Suburban students who
Monday in Washington by the U.S.
have volunteered to attend classes
Department of Education. It is
in the city also go to the magnet
about. $5.8 million less than the
schools.
School Board had sought, said
The largest single item in the
William A. Pearson, the
grant is $333,159 to help support the
governmental rélations expert for
Visual and Performing Arts High
the schools. Last year, the School
School. The Academy of Math and
Board got $6.7 million under the
Science got $231,754.
program.
About $665,000 will go toward
More than half of the grant -
See DESEGREGATION, Page 8
Desegregation
FROM PAGE ONE
the
dollars less than anticipated."
voluntary desegregation plan with five
Consequently, Ashcroft said,
districts in St. Louis County.
expense accounts, tax refunds and
Notice of the grant was filed
payments to people and companies that
Tuesday with U.S. District Judge
sold goods to the state were
William L. Hungate. In July, Hungate
temporarily delayed.
approved a $22 million desegregation
Also, Ashcroft said, the state is
budget proposed by the city School
delaying payment for several months of
Board.
10 percent of the money it sets aside for
Hungate has ordered the state of
the Foundation Fund, which provides
Missouri to pay about half that amount,
money for schools across the state. The
or $11 million. The aid act money is the
primary source of federal help for
shortfall is to be made up later in the
desegregation of the city schools. With
year, the attorney general told
the federal grant and the state funds,
Hungate.
the School Board will end up paying
The attorney general noted that Gov.
about $6.4 million of the desegregation
Christopher S. Bond has ordered all
costs.
state departments to withhold 10
We can do it," said Paul B. Rava,
percent of their operating budgets for
an attorney for the School Board.
the 1981-82 fiscal year, which began in
Rava said he wasn't told of the
July.
Education Department's decision
"If projected revenues continue to be
before it was filed with Hungate. He
less than anticipated for the 1981-82
said the School Board has more than $2
fiscal year, any funds ordered by the
million- of its own funds that it is
court to be made available by the state
carrying over from last year's
for the Year Two desegregation budget
desegregation budget.
will of necessity come from funds
already budgeted and appropriated for
Last year, the cost of desegregation
other state programs," Ashcroft told
was $22.48 million, with $11.07 million
Hungate.
coming from the state, $6.75 million
On Monday, Ashcroft appealed
from the federal government and $4.66
Hungate's order that the state pay half
million from the city.
of the city board's desegregation costs.
Thus this year's cost to the city -
State officials contend the School Board
$6.4 million, less the $2 million carried
over - will be slightly less than last
is trying to improperly charge as
desegregation costs some of the usual
year's.
costs of operating the schools.
Nevetheless, said Pearson, the
In another development Tuesday,
governmental relations expert for the
the Special School District of St. Louis
city schools, some desegregation
County alleged that Hungate violated
programs may have to be pared
its due-process rights when he
because of the failure to receive all the
approved a plan that is intended to lead
federal money requested. He also said
to vocational-education pupil and
some of the shortage may be made up
teacher exchanges between St. Louis
by additional state and local money.
and St. Louis County.
Meanwhile, state officials repeated
their assertion that they don't have
Although the plan was described as
enough money to pay the state's 50
voluntary when it was approved, the
percent share of the cost of
Special District asserted that Hungate
desegregating the city's public schools.
had imposed a 'mandatory
As a result, they contended Tuesday,
interdistrict remedy" on the Special
other state programs will suffer -
District without first determining that
including public safety, law
the district caused segregated classes
enforcement, business development,
in the city.
natural resources, aid to the
The Special District outlined its
handicapped, social services,
allegations in a "statement of issues" it
corrections and mental health.
expects to argue later this year before
In a two-page report filed with
the 8th U.S. Circuit Court of Appeals
Hungate, Missouri Attorney General
here. The statement was filed with
John D. Ashcroft said the state's
Hungate and will be sent to the Court of
revenue for July was "several million
Appeals.
ST LOUIS POST - DISPATCH
9/3/81
McNary Promises Expert Aid
To Fight Hungate's Order
By Howard S. Goller
named as defendants in the case. Also
Although each school district will
Of the Post-Dispatch Staff
represented were three of the six
prepare its own defense, Baine said,
regular county districts that have not
"All agreed that it would be beneficial
Attorneys for 19 St. Louis County
been named as defendants in the case.
school districts met privately
to work together on things we can work
Wednesday with County Executive
Central to McNary's legal efforts is
together on."
Gene McNary, who promised them
a "clearinghouse" for evidence to be
Other attorneys questioned by Post-
established at the County
Dispatch reporters refused to discuss
experts, volunteers and office space to
fight court-ordered desegregation.
Administration Building in Clayton.
the meeting. Wehrle said they did not
Afterward, McNary said, "The
Although an office has not been set up
discuss legal strategy.
lawyers are just appalled that this kind
yet, County Counselor Thomas W.
He said the cost of experts may be
of denial of due process can go on in
Wehrle will direct its operations.
borne jointly by the county and the
Wehrle said the experts McNary
districts. He said a central office would
America." He, too, is a lawyer.
hopes to provide might aid attorneys in
be beneficial because of the large
The meeting was the first for the
their research or serve as witnesses in
number of documents in the 9-year-old
attorneys since 17 county school
court.
desegregation case.
districts were named last week by U.S.
McNary said he did not know how
Earlier Wednesday, Wehrle said he
District Judge William L. Hungate as
much the experts might cost the
had received a copy of a court claim
defendants in the St. Louis school
county. But he said the office space and
filed by the city School Board alleging
desegregation case. The county,
workers wouldn't cost much. He
that the county fostered racial
McNary and other county officials were
declined to estimate the cost.
segregation through its zoning and
named also.
After the meeting Wednesday,
other housing practices.
Hungate also last week ordered that
Robert Baine, an attorney for the
The two county officials besides
the state, the St. Louis School Board
Hazelwood School District, said the
McNary named as defendants handle
and the federal government draw up a
school districts' attorneys gave
the collection and disbursement of
plan for mandatory areawide school
preliminary approval to the
school taxes.
desegregation.
clearinghouse concept and planned to
Hungate on Wednesday continued to
Represented at the meeting with
continue meeting together. He said no
push the attorneys in the case to
McNary were 16 of the 17 districts
date had been set for a second meeting.
prepare quickly for a March 1 hearing
on whether county districts contributed
Issues pertaining to the merits of the
the meeting are among five county
to segregated classes in the city.
case, the judge said, will be handled
districts that Hungate has excluded as
Hungate ordered the attorneys to
either in open court or through written
defendants because they have agreed to
meet within the next week to see
motions, responses and rulings.
participate in a voluntary areawide
whether they can work out a schedule
Other attorneys attending the
desegregation plan.
for pretrial actions including taking
Wednesday meeting with McNary and
Gianoulakis, who represents the two
sworn statements, assembling and
the districts they represent were:
districts, said he attended because his
examining records, and interviewing
Norman C. Parker, Ferguson-
clients wanted to be kept informed on
potential expert witnesses.
Florissant; Robert W. Copeland,
what is going on in the case. "We've
The judge rejected a request by the
Rockwood and Webster Groves;
always contended we've had no liability
city School Board for a temporary
Michael Gans, Normandy and
in this case," he said.
delay in the pretrial proceedings. If the
Wellston; Jeffress B. Hailand,
Other districts that have agreed to
attorneys can't reach an agreement by
Hazelwood; Robert McClintock, Ladue;
the voluntary plan are Clayton,
Wednesday, Hungate said, he will meet
Ken Byrne, Valley Park; Frank
Kirkwood and University City.
with them Sept. 10 to resolve all the
Ruppert, Mehlville.
Also represented at the meeting,
unsettled issues.
Marc Sandberg, Affton; Robert
although excluded by Hungate as a
Responding to complaints by the
Krehbiel, Lindbergh; Donald J. Stohr,
defendant in the case, was the
state attorney general's office, Hungate
Parkway; George J. Bude, Bayless,
Ferguson-Florissant District. Hungate
said he would meet in closed session
Hancock Place, Jennings and
last week delayed requests to add
every Friday afternoon with attorneys
Brentwood; Edward E. Murphy Jr.,
Ferguson-Florissant as a defendant
and others in the case to discuss
Riverview Gardens; and John
because six years ago it was merged by
"administrative, personnel and other
Gianoulakis, Pattonville and Ritenour.
court order with the old Berkeley and
confidential or emergency matters."
The only district named as a
Kinloch districts in another
The attorney general's office
defendant last week not represented at
desegregation case.
complained two weeks ago that
the meeting was Maplewood-Richmond
Information for this story also was
Hungate was meeting with some of the
Heights.
provided by Edward H. Kohn and
attorneys in the case without first
Two districts - Pattonville and
Dennis Hannon, both of the Post-
notifying all the attorneys.
Ritenour - that were represented at
Dispatch staff.
ST Louis POST DISPATCH
9/3/81
McNary Wants To Impeach
Hungate Over School Case
By Howard S. Goller
Nonetheless, McNary
Of the Post-Dispatch Staff
mentioned the impeachment idea
St. Louis County Executive
Tuesday at a news conference
Gene McNary says the county will
outlining his opposition to the way
look into the possibility of
Hungate is handling the St. Louis
impeaching U.S. District Judge
school desegregation case.
William L. Hungate over his
Hungate made McNary a
desegregation rulings.
defendant in that case last week.
County Counselor Thomas W.
McNary was to meet this
Wehrle said Tuesday that McNary
afternoon with attorneys for some
had asked him recently to
of the 17 county school districts
investigate the possibility of an
that Hungate named last week as
impeachment move against
defendants in the St. Louis school
Hungate. But Wehrle said he had
desegregation case.
nothing to report to the county
McNary also said he thought the
executive.
See McNARY, Page 6
McNary
FROM PAGE ONE
Bar
preparation of a mandatory plan up
Association of Metropolitan St. Louis
conducting a hearing on the merits of
ought to take an interest in Hungate's
involving the county districts in such a
actions, which the county executive has
plan.
called "reprehensible" and
In 1831, James H. Peck, a federal
"indefensible."
judge from Missouri, was impeached on
But Anthony J. Sestric, president of
allegations of arbitrarily abusing his
the bar association, said, "We have no
authority. But the charges were
dismissed.
position."
Sestric also represents the
impeachment of a judge works the
Concerned Parents for Neighborhood
same way as impeachment of a
Schools, a South Side group, on
president. The impeachment, or
desegregation matters. He said he
indictment, is returned by the House of
would have no comment on McNary's
Representatives, with the charges then
announcement.
tried before the Senate.
Any move to impeach a federal
judge would have to be initiated by
resolution of a congressman. But
lawyers on different sides of the
desegregation issue say McNary would
have little chance of success.
"The number of judges people have
tried to impeach is multitudinous - the
number impeached is minuscule," said
one lawyer, who asked that his name
not be published.
McNary, who is a lawyer, has asked
how Hungate can justify requiring
VA.
Fri., Sept. 1. 1981
ST.LOUIS POST-DISPATCH
Proposes 'Positive' Approach In School Case
By Howard S. Goller
its weekly meeting Thursday that he
Dr the Post-Dispatch Staff
would return next week with a proposal
for about $100,000 to finance a
An alternative to St. Louis County
clearinghouse for evidence, including
Executive Gene McNary's proposed
expert witnesses, for fighting court-
school desegregation "clearinghouse"
ordered desegregation involving county
was announced today by County
school districts.
Councilwoman Betty Van Uum, D-
U.S. District Judge William L.
University City.
Hungate last week named as
She said she is taking a positive
defendants in the St. Louis school
rather than a confrontal approach.
desegregation case 17 county school
Mrs. Van Uum said she will open her
districts, the county, McNary and two
office to county residents and school
county tax officials. The judge ordered
district officials who will advocate
that a plan be drawn up using
voluntary interdistrict school
information provided by the districts
desegregation "so that a mandatory
for mandatory areawide school
plan isn't forthcoming."
desegregation.
McNary also told the council he
McNary told the County Council at
suspects that the county officials were
named so that the county could be
is, local control of schools.'
forced to help pay the cost of area
She said she favors local control of
desegregation.
schools, but also supports voluntary
On Wednesday, attorneys for 19
desegregation efforts.
county school districts met privately
She said McNary could take the case
with McNary. But he said Thursday he
didn't know how much the districts
to the Supreme Court - as he has
would pay to help finance the proposed
promised - "but he's sure not going to
change the Supreme Court's mind."
clearinghouse.
Mrs. Van Uum said she did not want
She said, "In an effort to facilitate
to get into a personality clash with
community understanding, I am going
McNary, but she said confrontal
to make my office available to anyone
approaches are counterproductive.
seeking information or understanding
She said, "To. take any view other
of possible solutions to the problem."
than cooperation
will leave the
Other County Council members said
federal court no choice but to take over
they wanted to take a close look at the
our schools and run them. I believe a
specifics of McNary's proposal,
confrontative approach will obliterate
although the clearinghouse was
the very goal it purports to seek - that
expected to get council approval.
ST LOUIS POST. DISPATCH
9/4/81
Brentwood And Hancock Place
Reaffirm School Plan Opposition
The Brentwood and Hancock Place
the voluntary plan, he said after the
school boards have reaffirmed their
meeting.
decisions not to participate in U.S.
District Judge William L. Hungate's
Russell Kaiser, Hancock Place
voluntary areawide desegregation plan.
School Board president, said that board
decided Thursday night to continue to
The two districts are among the 17 in
oppose the voluntary plan and "to have
St. Louis County named as defendants
its day in court." The meeting was held
in the city of St. Louis school
at the district office at 275 West Ripa
desegregation case. Those districts
Avenue, Lemay.
declined to participate in the voluntary
plan issued by Hungate on July 2.
Kaiser said that the board welcomed
the backing of St. Louis County
Brentwood Superintendent Raymond
Executive Gene McNary in its efforts to
Bentz met in closed session Thursday
avoid participation in the plan.
night at district headquarters, 1775
McNary has promised advisers,
Parkridge Avenue, with the School
volunteer workers and office space to
Board and the district's attorney. There
county school districts opposed to court-
was no change in the board's position on
ordered desegregation.
U.S. Asking Hungate
To Revise School Plan
By Edward H. Kohn
has been ordered to do."
Meredith later changed the language
Of the Post-Dispatch Staff
A School Board attorney, however,
of his order to require a feasibility
The Department of Justice is asking
said the board would have no opposition
study rather than mandatory planning.
U.S. District Judge William L. Hungate
to an alternative suggestion by the
But, two weeks ago, Hungate reinstated
to revise his order of Aug. 24 requiring
Justice Department - that Hungate
the language of Meredith's order
planning for mandatory St. Louis area
change his order to specify that the
requiring mandatory planning.
school desegregation.
plan be only a "feasibility plan."
The mandatory planning language is
Such planning shouldn't be required
The Justice Department told
"inappropriate," the Justice
unless individual suburban school
Hungate that it always has opposed the
Department told Hungate, because
districts are found to have contributed
mandatory planning requirement
there isn't a "sufficiently
to segregated classes in city schools,
because 4 there haven't been any
comprehensive predicate of court
the Justice Department told Hungate on
findings of liability against the
findings of interdistrict violations or
Thursday.
suburban districts.
interdistrict effects of intradistrict
Observers said the department's
"We opposed (mandatory planning)
violations to justify an areawide plan of
filing marks the first time it has
last year, and we're still opposed to it,"
interdistrict relief."
opposed directly one of Hungate's
said Craig M. Crenshaw Jr., an
In effect, the Justice Department
orders in the case.
attorney for the Department of Justice.
argued that until the judge determines
An attorney for a South Side parents
Crenshaw said the planning
which - if any - of the suburban
group said that the Justice
requirement was first imposed last
districts are liable for segregated city
Department's action was merely
May by Senior Judge James H.
classes, he shouldn't order that a broad,
"another example of (the) Justice
Meredith, who later gave up the case
(Department) not wanting to do what It
for reasons of health.
See PLAN, Page 4
FROM PAGE ONE
compulsory plan be readied.
Gov. Christopher S. Bond said he has
Missouri Attorney General John
not read the Justice Department's new
Ashcroft supported the Justice
motions and could not comment
Department's position. "We think it's
specifically. However, it appears to be
been a long time coming," a pleased
what the state has urged throughout the
Ashcroft said today. "It's the position
case and therefore would have his
the state has taken over and over again
strong support, he said.
over the course of the last year."
The Justice Department also
Ashcroft said courts go "over the
emphasized that the federal govern-
border of their authority" when they
ment, unlike the St. Louis Board of
order a remedy before a problem is
Education and the National Associa-
clearly demonstrated. "There's an old
tion for the Advancement of Colored
Missouri Ozarks saying: 'If it ain't
People, isn't pushing for a mandatory
broke, don't fix it,' " he said.
areawide desegregation plan.
"Whenever a remedy is ordered before
On Aug. 24, Hungate ordered the
there has been any finding of a
Justice Department, the state of
problem, it raises questions about the
Missouri and the St. Louis Board of
objectivity of the court."
Education to submit by Feb. 1 a plan to
Even if the court had shown clearly
eliminate the "remaining vestiges of
that a problem existed, there was no
government-imposed school
proof of who or what had caused it,
segregation" in St. Louis and St. Louis
Ashcroft added. "We've been
County.
hammering at this. I've hammered at it
both in Missouri and Washington, D.C.
But Thursday, the Justice
It's refreshing to see the Justice
Department told Hungate that there
Department begin to embrace those
aren't sufficiently comprehensive
points, and I'm hopeful that the court
findings of fact that the suburban
will begin to embrace those same
districts are responsible for segregation
concepts."
in the city to require mandatory
Assistant Attorney General Larry
interdistrict planning.
Marshall, who is handling the case for
"The basic problem here," the
Ashcroft's office, had only one
Justice Department said, "is that it is
comment: "It's nice to have someone
unclear as to what, if any, 'government-
on our side for a change."
imposed' segregation (the mandatory)
plans are to be addressed.
opposition to an alternative suggestion
"Without further explicit direction
proposed by the Justice Department -
from the court we are drawn again to
that the language of Hungate's order be
the
conclusion
(that the planning
modified from ordering preparation of
order) as presently constituted cannot
a "suggested plan of interdistrict school
be executed.
desegregation" to a "feasibility plan."
"Therefore it should be deleted until
He explained that the language in
this court has made explicit findings,
Judge Meredith's order of May 1980,
after appropriate hearings, as to what
approving the St. Louis desegregation
if any constitutional violations are
plan, had created confusion,
meant to be extirpated" by the
specifically the section that ordered the
planning.
state, the United States and the School
In the alternative, the Justice
Board to develop "a suggested plan of
Department asked that it be removed
interdistrict school desegregation
Anthony J. Sestric, attorney for
necessary to eradicate the remaining
Concerned Parents for Neighborhood
vestiges of government-imposed school
Schools, a South Side group, said,
segregation in the city of St. Louis and
"There already has been a finding of
St. Louis County."
fault - on the part of the city and state
Rava noted that with the approval of
- and they have thus been ordered to
all parties to the case, Meredith on
file a plan. The United States had not
Sept. 17 of last year had added that
been named a primary wrongdoer but
paragraph, ordering the state and the
has been shown to be a substantial
board "to prepare and submit to the
contributor to segregation. The Justice
court a feasibility plan of interdistrict
Department just doesn't want to do
school desegregation involving the St:
what it has been ordered to do."
Louis School District and such
suburban districts that will provide
Paul Rava, an attorney for the
complete and lasting school
School Board, denied that the United
desegregation."
States, a plaintiff in the case, has been
If the Justice Department insists on
found culpable. "Just because some
the change of language, Rava said, the
damning evidence has come out is not
board would have no objection. "The
the same as having been found guilty,"
point that keeps getting obscured here
Rava said.
is that no judge would consider holding
He said the board would have no
anybody guilty before a trial."
ST LOUIS GLOBE DISMOCRAT
9/4/81
U.S. Urges Hungate
9/4
to Relent
Government says
mandatory integration work premature
By CHARLES E. BURGESS
the judge should modify the order to
- Missouri Attorney General John
and ARTHUR J. THOMASON
specify that the study would be only a
D. Ashcroft lauded the portion- of the
Globe-Democrat Staff Writers
"feasibility plan" and use language
motion that would call for stopping the
U.S. District Judge William L.
planning process.
Hungate should reverse himself and
Desegregation in action
7A
"It goes straight to the heart of the
halt preparation of a mandatory city-
fact that the judge is seeking to develop
county school desegregation plan unless
a mandatory remedy before proof that
and until St. Louis County school
that would not assume there had been a
there is a malady to be corrected," he
districts are found guilty of taking part
constitutional violation before hearing
said.
in school segregation, the U.S. Justice
evidence.
"That's a point we've been
Department urged Thursday.
REACTION TO the Justice
hammering at for more than a year,"
Justice Department Attorney Craig
Department motion was swift.
said Ashcroft, who has lobbied the
M. Crenshaw Jr. in motions asked
- "It makes sense to me," said Gov.
Justice Department to soften its
Hungate to strike a portion of his Aug.
Christopher S. Bond at a Jefferson City
position in the case.
24 order requiring preparation of a
news conference. Bond said it "would
Although Ashcroft said the motion
"suggested plan of interdistrict school
be the state's position that before an
means Justice Department attorneys
desegregation" by Feb. 1.
order is drawn up, some finding of
"are seeing things a little more
Or as an alternative, Crenshaw said,
liability (should) be made."
clearly," Crenshaw said it reflects no
basic change in the department's
- Paul B. Rava, an attorney for the
position.
city school board, said the board would
- Aides to county Executive Gene
have "no problem" in supporting
McNary listened with obvious interest
Crenshaw's motion. "I would have no
to news of the motion, but declined
qualms about putting off the feasibility
immediate comment. McNary has been
study," he said.
outspoken in recent days in branding
the plan requirement as an
THE ORDER WAS issued by
overstepping of judicial authority by
Hungate as part of a ruling declaring 18
Hungate.
(later reduced to 17) St. Louis County
school districts defendants in the
McNary advised the County Council
desegregation case. It requires the
Thursday that next week he will ask for
state, Justice Department and city
an appropriation of $100,000 for a fight
school board to develop the mandatory
against the order. All but one of the
model by Feb. 1.
seven council members immediately
agreed to support it, and the seventh,
In the same order, Hungate
Betty Van Uum, D-3rd District, said she
scheduled a hearing to begin March 1
would announce her stand Friday.
Continued on Page 8A
9/4
(CONTINUED)
on "aspects of this cause, involving
both alleged constitutional violations
and proposed remedies."
ST LOUIS POST
Crenshaw's motion said that both the
Justice Department and city board had
opposed the language of the order
LETTERS
requiring the suggested plan, originally
made May 21, 1980, by Hungate's
predecessor, Senior U.S. District Judge
James H. Meredith.
The section was included in orders
on the St. Louis desegregation plan at
Segregating Schools
the insistence of attorneys representing
After reading so many articles
the National Association for the
Advancement of Colored People.
discussing the voluntary
"desegregation" of our city's public
schools, I must write to protest the
constant use of this misnomer.
The Justice Department, Crenshaw
We are not dealing with
said, took the position before Meredith
desegregation, but court-ordered,
issued the order that "there did not
legally institutionalized segregation of
e-ist a sufficiently comprehensive
the most blatant type. Additionally, we
predicate of court findings of
are disregarding the educational rights
interdistrict violations or interdistrict
of our city's children.
effects of intradistrict violations to
We brag about a magnet school
justify an areawide plan of interdistrict
program that is nothing more than
relief."
legally sanctioned educational
segregation. We have a number of
CRENSHAW ALSO took notice that
educational programs that are closed to
Meredith had modified the order in
children strictly because of skin color.
September 1980, using the term
It means nothing that these children
"feasibility plan" and removing the
would benefit from these specialized
phrase "remaining vestiges of
educational programs. Skin color and
government-imposed school
numbers mean more.
segregation in the City of St. Louis and
Equal educational opportunities
St. Louis County."
have little to do with racial quotas; they
The revised order was, through a
have everything to do with the
clerk's error, not considered by the 8th
opportunity to receive an education in a
U.S. Circuit Court of Appeals in its
stimulating environment. The black
February order upholding the
youths of our city have been treated in a
desegregation plan and Meredith's
grossly unfair manner in our
rulings, Crenshaw pointed out.
"voluntary segregation" program.
The appeals court later
If more children are applying for a
acknowledged the error, but said that
special program than there are spaces,
its ruling could stand up as to
for racial mix, let's open another
segregation found to have been imposed
program.
"by the state or other defendants."
St. Louis
Tom Lemp
The language used by Hungate
actually "had been superceded" by the
Name and address must accompany
Meredith modification, Crenshaw said.
every letter. Letters are subject to
He said that in any case the Justice
condensation and should be addressed:
Department should not be required to
Letters to the Editor, St. Louis Post-
help develop the mandatory model
Dispatch, 900 North Tucker Blvd., St.
because, under court findings, "if any
Louis, Mo. 63101.
obligation exists
it is the obligation
of the state's and/or of the board's."
14A
Rava said that all attorneys in the
case had agreed to the modification
made by Meredith in September 1980.
"The purpose was to resolve any
question of whether the judge would be
putting a remedy before a finding,"
Rava said.
ST LOUIS POST DISPATCH
9/4/81
Special District Approves Budget For Desegregation
By Catherine Vespereny
staff training, public relations,
Of the Post-Dispatch Staff
consultant fees and a salary for the
The Special School District of St.
committee's executive director.
Louis County has approved a $226,100
U.S. District Judge William L.
budget for this year's city-county
Hungate had ordered the Special
vocational education desegregation
District and the St. Louis School
program.
District to approve guidelines and a
Of that amount, the Special District
budget for the program by Aug. 28, a
and the St. Louis School Board each
deadline the city board met. The
would provide $33,034; the state would
Special District hasn't acted yet on the
pay $160,033.
guidelines. Nor has the state indicated
Sterling Hayden, chairman of the
when it will produce its share of the
desegregation plan's coordinating
money.
committee, said the Special District
Special District Board President
board approved the budget in a closed
Robert Lieberman, who is also a
meeting Wednesday. The budget covers
member of the coordinating committee,
said his board would act on the
Advancement of Colored People.
guidelines on or before Sept. 16.
Both the Special District and the
Last week, the city board asked the
state have asked the 8th U.S. Circuit
court to direct the Special District to
Court of Appeals here to review the
explain why it had "failed to take the
plan.
actions required" by the desegregation
Under the plan, 57 city students
plan. The city board also said then that
began attending the two vocational
it wanted the Special District to
schools in the county last week.
"discontinue interfering" with the plan.
Twenty-five county students have
transferred to O'Fallon Technical
The plan is the result of a settlement
Center, 5101 McRee Avenue, in the city.
in June by the city board, the Special
The plan's goal is a racial mix in the
District, the U.S. Department of
vocational schools of 65 percent white
Justice, the city of St. Louis and the
and 35 percent black, give or take 10
National Association for the
percent.
ST LOUIS POST DISPATCH
9/8/81
Minority Students Joining Flight
From Public Schools
By Nancy J. Shwerzler
private schools for their children, even as
*1981, Baltimore Sun
recently revived proposals for private
WASHINGTON
school tuition tax credits arouse opposition
MORE BLACKS and minorities are
from black leaders.
The Reagan administration has
on the playing fields of Andover and
expressed support for tuition tax credits
Exeter and in the classrooms of the
although cost considerations and
nation's private, independent schools.
constitutional questions seem likely to
Minority enrollment rose by 6.1
delay any administration proposal on the
percent, to 9.1 percent of total
subject until next year. Several tax credit
enrollment, in the 1980-81 academic
bills are in Congress, with one version,
backed by Sen. Robert Packwood, R-Ore.,
year in comparison with the preceding
calling for a $500 credit.
year, according to a survey of nearly
800 private elementary and secondary
GROUPS SUCH AS the National Urban
schools conducted by the National
League oppose tuition tax credits in the
Association of Independent Schools.
belief they will promote increased
Parochial schools were not included in
abandonment of urban public schools by
the survey, although some religiously.
middle-class students while doing little to
affiliated but financially independent
help most minority children.
schools were surveyed.
"Tax credits are a payoff to the middle
The enrollment gains show hat more
class, helping them to pay rising tuition
black and minority parents at choosing
while doing a great deal of da, lage to the
children left behind in public schools,"
selects from 450 to 500 students a year as
according to Maudine R. Cooper, the
potential private school students and
Urban League's vice president for
works to gain them acceptance and
Washington operations.
financial aid at 162 schools in 15 cities.
The cost of a $500 tuition tax credit
The program, which is privately
program has been estimated at $5 billion a
financed, provides up to $2,000 a year in
year, money that Cooper believes would be
tuition assistance to high school students,
better spent on improving the quality of
with schools providing other financial aid
public education.
if necessary.
"There is a trend toward blacks
Lauress Wilkins, assistant director of
evacuating the public schools," she
the program, described it as an "academic
acknowledged, because of crime in the
talent search" that seeks to identify and
schools as well as declining quality in
place gifted students in "more
instruction. "Some black parents are
challenging" academic environments.
choosing to abandon public schools rather
The minority enrollment survey of
than fight for excellence," she said.
private schools found blacks constituted
RISING BLACK enrollment at private
the largest proportion of minority students
schools is also attributable to increased
(47.9 percent)
recruitment efforts and financial aid
The survey excluded 3 predominantly
opportunities.
black private schools and several schools
One such effort, to recruit minority'
in Hawaii to gain a more representative
students for private schools, a Boston-
outlook on enrollment trends throughout
based program called A Better Chance,
the country.
Wed., Sept. 9, 1981 3A
ST. LOUIS DISPATCH
State Seeks Desegregation
Panel Member's Ouster
By Edward H. Kohn
On Aug. 26, the Special District
of the organization of the Special School
Of the Post-Dispatch Staff
School Board voted to have Lieberman
District. Anyone connected with the
fill a vacancy on the Metropolitan
school district is part of the staff."
Missouri officials are demanding the
Coordinating Committee that was
The district provides public
ouster of Robert Lieberman as a
created when Layton Clay resigned
education for county students with
member of the group set up to
from the Special District to work
mental and physical disabilities,
coordinate the voluntary city-county
emotional problems and behavioral
overseas.
vocational-education desegregation
disorders as well as students of
plan.
But Hungate's order specifies that
vocational education.
Lieberman is the newly elected
"removal of any local representative
In other developments in the school
president of the Board of Education of
may only be done with the approval of
desegregation case Tuesday:
the Special School District of St: Louis
the court upon motion of a party."
- The federal government urged
County. He heads an area public
Court records don't reflect such a
Hungate to order that school districts
relations company.
request from the Special District.
that accept students as part of the
The Missouri attorney general's
Burton M. Greenberg, attorney for
judge's voluntary desegregation plan be
office Tuesday told U.S. District Judge
the Special District, was reported out of
eligible for the fiscal incentives in the
William L. Hungate that Lieberman
town and couldn't be reached for
plan, whether or not the students come
isn't a staff member of the Special
comment.
from a district that is participating in
District's vocational department as
But when Lieberman was asked last
the plan.
required by the judge's order of June
week about his membership on the
However, the Department of Justice
11.
committee, he replied, "Sure, I'm part
urged Hungate to reject paying
incentives to non-participating districts
without their full participation in the
responsibility rested with the Missouri
whose students choose to attend classes
program would defeat the purpose for
General Assembly," the attorney
in other districts or the city schools to
establishing the inventives in the first
general's office said.
aid integration.
instance."
It added, that since the Legislature
"Financial incentives are meant to
- State officials urged Hungate to
won't be in session until January 1982,
encourage school districts to
delay a possible hearing on the
"there is no way that a state employee
participate fully in the voluntary
voluntary vocational plan until
can specifically commit funds for the
interdistrict transfer program," the
representatives of the Special District
purpose of this vocational plan.
Justice Department told the judge.
and the city School Board have held
However, state defendants have always
"By receiving voluntary transfers
more meetings. The two boards are
complied with court orders relative to
from a district which could have
trying to work out a "memorandum of
financing even when appealing the
become a participating district but
understanding" on how details of the
orders from which the financing
chose not to, a receiving district under
plan are to be worked out.
commitments evolve.
the terms of the plan is still helping to
They said also that the Special
alleviate the existing segregated
District doesn't understand the state's
"Thus, while state defendants are
conditions.
financing processes. "State defendants
are now appealing this court's order of
"However, the non-participating
consistantly opposed the funding
June II, they fully recognize the
district should not receive any benefits
requirements of the vocational-
commitments contained in the court's
since it is doing nothing affirmative to
educational plan and advised all parties
order and will meet that commitment
aid in the desegregation process, and
that they have no authority to commit
until further order of this court or an
providing incentives to such districts
any particular funds because that
appellate court."
Some want judge disqualified
Continued from Page 1A
parameters" on racial, educational and
evidence that may be used in the case.
school organization "equity" should be
IN A REPORT to Hungate,
defined. The team will visit Louisville,
attorneys for the city board said that
Ky., and Wilmington, Del., both
attorneys for the defendant suburban
locations of mandatory city-suburban
districts walked out of the meeting: "
desegregation plans, by Sept. 23. The
exchanges proved fruitless (and)
report to Hungate is to be completed by
counsel for the suburban defendants
Nov. 13.
stated that they were prepared to
Meanwhile, Concerned Parents for
adjourn the meeting and thereupon
Neighborhood schools filed arguments
left."
supporting the city board's motion that
Hungate has set a conference for 2
it become a plaintiff, rather than
p.m. Thursday to discuss what
defendant, in the case, and opposing the
happened at Tuesday's session.
Justice Department's effort to be
McClintock and other suburban
excused from the mandatory planning
attorneys said they had not had enough
process.
time to review the charges formally
Anthony J. Sestric, attorney for the
filed by the St. Louis board and
South St. Louis white parent group, said
National Association for the
"the United States has consistently
Advancement of Colored People after
sought to avoid being brought to task
Hungate named the new defendants
for its role and part in the segregated
Aug. 24.
condition of the St. Louis metropolitan
On Wednesday Hungate released the
area."
schedule submitted Friday by his
He agreed with school board
research team on the mandatory
attorneys that the desegregation case is
desegregation plan,
in a 'second phase" now, and the
board's status as plaintiff would
BY SEPT. 17. TT savs, the "broad
simnlifv future proceedings
9/9/81
12 Districts Push
For Hungate's
Disqualification
U.S. District Judge William L.
U.S. district judge
Hungate should be disqualified from the
school desegregation case because he
has "prejudged and
has "prejudged and predetermined the
facts", 12 suburban school districts said
predetermined the
Wednesday.
facts" in the school
Motions seeking the judge's
disqualification were filed by the school
desegregation case,
districts of Hazelwood, Webster
suburban districts
Groves, Rockwood, Lindbergh, Ladue,
Hancock Place, Bayless, Brentwood,
charge.
Jennings, Maplewood-Richmond
Heights, Affton, and Mehlville.
The motion filed by Hazelwood was
"suggested plan" on mandatory
typical of the others.
desegregation by Nov. 16. The plan's
Hazelwood alleges that the judge has
final draft is to be submitted by Feb. 1
"a personal bias or prejudice" against
by the state, city school board and U.S.
the district or in favor of other parties.
Justice Department. Hungate has set a
An affidavit filed in support of the
hearing to begin March 1 on the plan
motion by Charles E. Sweeney,
and on the liability of the 17 districts to
president of the Hazelwood Board of
be declared part of it.
Education, says Hungate's
"impartiality in this proceeding might
SWEENEY NOTED in his affidavit
reasonably be questioned." It cites
that Hazelwood did not become a party
to the 9½-year-old city school case until
William L. Hungate
various statements by Hungate since he
has handled school desegregation that
Tuesday, when it was served with a
impartiality questioned
Sweeney says support that position.
summons, and he contends that
Hungate has "prejudged the liability"
SWEENEY SAID in the affidavit
"MY BOARD WAS served (with
of the Hazelwood district.
that during a June meeting in the
notice that it is a defendant) on
Attorneys said the motions filed by
judge's chambers, Hungate said he
Thursday, and met on Tuesday,"
all the school districts were similar to
hoped suburban school districts would
McClintock said. "It was unanimously
that filed by Hazelwood. The 12 school
volunteer, "but that he hadn't put the
agreed that we would not be able to get
districts seek Hungate's
shotgun down" and that he would go to
a fair trial before Judge Hungate.
disqualification under two sections of
a mandatory plan if they did not.
There was no contact with other boards
the U.S. Code - under one the judge
All but four of 39 school districts that
as far as I can determine."
may elect to disqualify himself and
were asked to take part in a voluntary
However, the attorneys for the 17
under the other disqualification is
desegregation plan refused to do so. On
suburban districts met Tuesday with
mandatory.
Aug. 24, Hungate ordered a mandatory
attorneys for the St. Louis system.
Robert G. McClintock, attorney for
plan prepared, and added St. Louis
The possibility of asking for
the Ladue school district, said the 12
County and 18 county districts as
disqualification of the judge was
districts had no preconceived plan on a
defendants in the case.
discussed at that time by some
filing time and the somewhat similar
attorneys for the 17 districts, The
On Aug. 26, the Pattonville school
wording of the motions.
Globe-Democrat has learned.
district asked to be allowed to
County Counselor Thomas W. Wehrle
The Tuesday session was ordered by
participate in the voluntary plan and
said the motions had not been discussed
Hungate to try to get an agreement on a
was removed from the list of
with him, although County Executive
schedules for gathering and exchanging
defendants.
Gene McNary has offered to help
documents, depositions and other
Hungate appointed a panel of
coordinate defense tactics for the
educational experts to gather data for a
suburban districts.
Continued on Page 5A
ST LOUIS POST - DISPATCH
9/10/81
To Retain Local Control
POST
9/19
By Assuring Rights, Schools Can Avert Federal Intervention
A Statement By St. Louis County
believe that the only way we can be assured of
Councilwoman Elizabeth Van Uum
retaining our right to local control of our'
schools is to take whatever steps are necessary
3rd District
to guarantee the constitutional rights of all of
Judge William L. Hungate of the U.S.
our citizens.
District Court, has included St. Louis County
To take any view other than cooperation to
government officials as parties to the St. Louis
this goal will leave the federal court no choice
school desegregation case. At (a recent) County
but to take over our schools and run them. I
Council meeting the county executive indicated
believe a confrontation approach will obliterate
that he would propose using the resources of the
the very goal it purports to seek, i.e., local
county government to fight the court order.
control of schools.
In Cleveland, a community similar to ours,
Since the court, by its action and the county
we do have a federal court directing the
executive by his
operations of the local schools. The judge
mirror
proposal have made the
decides what teachers are to be hired, how
St. Louis school
much they are to be paid and where they are to
of public
desegregation case the
teach. We do not want this to happen in St.
business of the St. Louis
Louis County. In an effort to prevent this
opinion
county government, I
undesirable circumstance, it is incumbent on
feel a responsibility as
all segments of the community to work together
an elected official of St.
in the spirit of good will and cooperation to
Louis County to clearly
provide acceptable alternatives and prevent
state my views on this topic. There are two
court takeover.
separate issues to be considered.
Today I would call upon all the citizens of St.
First, the Supreme Court in the 1954 Brown
Louis County to take an active part in
versus the Board of Education case, defined the
developing a responsible solution that will
right of all citizens to equal educational
satisfy the constitutional requirements and
opportunities.
guarantee that our local school boards retain
In the following 27 years the Supreme Court
their independent juristictions.
has never reconsidered in any manner this
constitutional interpretation. It is clear to
everyone that the court will not and should not
reconsider this basic constitutional right.
Therefore, our community has a responsibility
to create a situation that will provide for the
constitutional rights of all of its citizens.
The second issue, as I see it, concerns the St.
Louis metropolitan community and the local
control of schools. I am absolutely confident
that the overwhelming majority of St. Louisans
in both the city and the county feel very
strongly that they want to protect local control
of their schools. They hope to maintain the right
to determine how their children will be
educated and by whom.
They want to retain the right to determine
what the policies of their individual school
district will be, what programs they will offer,
what teachers they will hire, and what
classroom space they will utilize. Most
importantly, they want to control where their
children will go to school.
Through elected officials on local school
boards the average St. Louis County citizen has
an opportunity to participate in the decision-
making process that directly affects their
children's education. More than any other
single factor, I believe we the residents of St.
'Aren't Those Folks Up North Ever
Louis County want to retain this right. I further
Going To Solve Their Racial Problems?'
6A
Thurs., Sept. 10, 1981
ST.LOUIS POST-DISPATCH
School Officials Say
Hungate Has Prejudged Districts
By Pamela Schaeffer
The attorneys interviewed denied
discussed," said Wehrle.
and Linda Eardley
collusion on the simultaneous timing of
Of the Post-Dispatch Staff
Alex Lantos, president of the
the 12 filings. One attorney attributed
Mehlville School Board, said he was
Officials of several St. Louis County
the timing to the need for promptness.
unsure how the attorneys for the 12
school districts say that even before a
districts had coordinated their efforts.
"This type of motion has to be filed
trial, U.S. District Judge William L.
as soon as you are involved in a case,"
"But," he added, "I was glad to see the
Hungate has decided that St. Louis
said Richard H. Ulrich, attorney for the
districts get together. Otherwise, if we
County school districts are guilty of
Maplewood-Richmond Heights district.
aren't going to stick together, they
segregation.
"There is no requirement that they
could pick us off one by one."
This belief prompted attorneys for
must be filed by a definite time, but
The five defendant county districts
several of the districts to ask Hungate
obviously you can't wait until a judge
that did not file a disqualification
to disqualify himself from the St. Louis
has ruled and then complain later that
school desegregation case. The lawyers
he was not impartial."
motion Wednesday are Normandy,
Parkway, Riverview Gardens, Valley
said they decided to ask Hungate to step
St. Louis County Counselor Thomas
Park and Wellston.
down after discussing the case among
W. Wehrle and Ned S. Taddeucci,
themselves.
McNary's executive assistant,
Normandy School Board President
Teddie F. Days said his board does not
But all said the action was not a
confirmed that the action was not
believe the judge is prejudiced in the
result of a meeting Sept. 2 between St.
planned at the Sept. 2 meeting.
case.
Louis County Executive Gene McNary
"Nothing pertaining to the merits of the
and attorneys for 18 county districts.
case or procedural matters was
"We don't feel there's any grounds
for the judge's dismissal," Days said.
Mrs. Frye noted that the Wellston
don't feel he's made up his mind
board is re-evaluating the voluntary
me way or the other. We feel he'll
desegregation plan in which five county
make up his mind on the evidence."
districts have agreed to participate.
Those five districts were spared by
Ray W. Walters, president of the
Hungate from being included as
Riverview Gardens School Board, said
defendants in the case.
the board's attorney is working on a
The lawyers interviewed Wednesday
disqualification motion similar to those
refused to discuss what steps might be
filed Wednesday.
taken on behalf of defendants if
Denald Stohr, attorney for the
Hungate decides to remain on the case.
Parkway district, said the board
But Robert G. McClintock, attorney
considered filing a disqualification
for the Ladue School District, said the
notion, "and it was decided not to take
challenge to Hungate's impartiality
any action at this time." He would not
could be a basis for appeal to a higher
elaborate.
court.
Wellston School Board President
McClintock said the filing of a
Betty Frye and Valley Park School
motion to disqualify a judge is a
Buard President Omar Feeler said they
"suggestion to the court," and the law
had DUE known about the move to
does not specifically state how, when or
disqualify Hungate.
even if a judge must respond.
Judge William L. Hungate
U.S. Shirks Duties, Parents Group Says
By Edward H. Kohn
"The United States has consistently
Of the Post-Dispatch Staff
sought to avoid being brought to task
A south St. Louis parents group is
for its role and part in the segregated
accusing the federal government of
condition in the St. Louis metropolitan
ST LOUIS
trying to evade its responsibilities in
area," Anthony J. Sestric, the
the St. Louis metropolitan school
Concerned Parents' attorney, told
desegregation case.
Hungate.
The Concerned Parents for
"The record in this case is replete
POST -
Neighborhood Schools on Wednesday
with the instances where the United
urged U.S. District Judge William L.
States has implicitly and explicitly
9/10/81
Hungate to reject a request by the
fostered and contributed to segregation
Department of Justice that he revise
in schools and in other areas of life.
DISPATCH
his order of Aug. 24 requiring planning
"After having been specifically
for mandatory areawide school
identified on a number of occasions by
desegregation.
the 8th U.S. Circuit Court of Appeals as
The Justice Department argued last
a major factor and cause for
week that areawide planning shouldn't
segregation, the United States now
be required unless individual suburban
comes before this court and asks that it
school districts are found to have
be relieved of any further
contributed to segregated classes in
responsibilities in this case."
city schools.
The Concerned Parents accused the
The Justice Department also asked
federal government of trying to shirk
Hungate to excuse it from the areawide
its responsibility under an order issued
planning processes. The department,
last year by Senior U.S. District Judge
which didn't urge Hungate to expand
James H. Meredith, who formerly
the case to include the suburban
handled the school case.
districts, said such planning should be
That order, which the federal
done by the state of Missouri and the St.
government supported before the Court
Louis Board of Education.
of Appeals, requires areawide
But the Concerned Parents group,
desegregation planning. The court
which last week urged Hungate to speed
upheld the order, but the state has
up the planning, said the Justice
asked the U.S. Supreme Court to review
Department is urging the delay as part
it.
of an effort to avoid its responsibilities.
Of the Justice Department's
attorneys, Sestric wrote: "They were
educational equity, organizational
willing to accept the order, as it related
equity, implementation and auditing,
to them. To allow the United States to
and durability."
sneak into the back door of this court,
- Hungate scheduled a conference
when it did not have the courage to
today to discuss pretrial discovery,
challenge the order before the Court of
which includes the taking of depositions
Appeals, is most inappropriate, and
should be rejected out of hand.
and examining and exchanging records,
in preparation for a hearing scheduled
"This court has made, in the past,
to begin March 1 on whether any of the
short shrift of efforts of other parties to
suburban districts are responsible for
avoid carrying out their
segregated city classrooms.
responsibilities, and should follow the
Hungate acted after the St. Louis
same procedure in the instant case,"
Board of Education, the National
Sestric said.
Association for the Advancement of
In other legal developments
Colored People, the St. Louis city
Wednesday in the school case:
counselor's office, the Department of
- Hungate approved a timetable
Justice and the Concerned Parents for
submitted by his three court-appointed
Neighborhood Schools, in a joint report,
experts to develop a framework for a
told him that agreement couldn't be
mandatory areawide school
reached on a number of key disputes.
desegregation plan.
In addition, the five told Hungate
The three are David L. Colton of
that attorneys for the St. Louis County
Washington University, Lonnie H.
districts added as defendants three
Wagstaff of Ohio State University and
weeks ago had walked out of a meeting
Robert A. Dentler of ABT Associates,
Tuesday afternoon at which discovery
Cambridge, Mass. They told Hungate
was discussed.
that they plan visits to Louisville, Ky.,
"Counsel for the suburban
and Wilmington, Del., the week of Sept.
defendants expressed the view
that
18 to study the metropolitan
it was premature for them to consider
desegregation plans in effect in those
any possible agreement on a structure
cities.
or timetable for discovery until such
In a one-page letter to the judge,
time as they had had an opportunity to
they said their report, to be filed by
review" the allegations against the
Nov. 16, will focus on "racial equality,
county boards, the five told Hungate.
ST LOUIS POST DISPATCH
12 Districts Ask
9/10/81
Judge Hungate To
Disqualify Himself
By Edward H. Kohn
Of the Post-Dispatch Staff
Twelve school districts in St. Louis
showed that most appeared to be
similar. or identical, to the Hazelwood
County are asking U.S. District Judge
board's request.
William L. Hungate to disqualify
himself from the St. Louis metropolitan
In the Hazelwood district's request
school desegregation case.
that Hungate disqualify himself, Baine
The 12 districts, which filed separate
said Sweeney's statements "give fair
requests Wednesday, are among the 17
support to and show that (Hungate) has
county districts added by Hungate on
prejudged and predetermined the
Aug. 24 as defendants in the 91/2-year-
facts" in the dispute and that Hungate
old dispute.
"is not a neutral and detached judge of
In a sworn statement filed
the facts."
Wednesday with Hungate, Hazelwood
Sweeney, in his affidavit urging
School Board President Charles E.
Hungate to remove himself from the
Sweeney declared that Hungate "has a
case, relied on remarks that the judge
personal bias and prejudice against the
made at several hearings and on the
Hazelwood Board of Education."
language he used in several recent
Alternatively, Sweeney alleged,
orders.
Hungate might "favor an adverse
At a hearing April 1, while intense
party or parties, and that his
impartiality in this proceeding might
efforts were being made to work out a
Board of Education and the National
reasonably be questioned."
voluntary city-county pupil-exchange
Association for the Advancement of
With Sweeney's assertions, the
plan to help desegregate city schools,
Colored People to add 17 St. Louis
Hazelwood board's attorney, Robert P.
Hungate said:
County districts, including Hazelwood
Baine Jr. of Clayton, asked for a
"In World War II
you
could
and the 11 other districts seeking to oust
hearing on the disqualification
volunteer. Some of us had that
him, as defendants in the case.
requests. A date for the hearing wasn't
opportunity. You could volunteer to go
Also, Sweeney said, Hungate
set.
to the Air Force.
ordered the state of Missouri, the
It couidn be learned immediately
"If you volunteered, they would put
federal government and the St. Louis
whether the disqualification requests
you there. You could volunteer for the
School Board to file by Feb. 1 a plan to
would upset the schedule set out last
National Guard. You could volunteer
"eradicate the remaining vestiges of
month® by Hungate for a trial on
for the Navy.
government-imposed school
whether the suburban districts
Some of us didn't do that. Later we
segregation in the city of St. Louis and
contributed to segregated classes in the
were drafted, and we were placed in the
St. Louis County."
city of St. Louis. Hungate has scheduled
infantry. You'd be surprised at what
that hearing to begin March 1.
interest the sergeant would have in
The next day, Sweeney said,
The county school boards' requests
what you then would like to volunteer
Hungate ordered three court-appointed
for Hungate's disqualification follow by
for.
experts to begin work on a mandatory
one week St. Louis County Executive
Now the reception was not too good
interdistrict school desegregation plan.
Gene McNary's call for Hungate's
at that time. I hope that's helpful."
Sweeney noted that the Hazelwood
impeachment. Earlier this year,
Sweeney said Hungate had ordered
board didn't formally become a party
Hungate refused to disqualify himself
several meetings among attorneys to
to the suit until Tuesday, when he was
from the case.
discuss voluntary desegregation plans.
served with copies of the NAACP and
In addition to Hazelwood, other
In at least two of the meetings,
city School Board's allegations against
Sweeney said, Hungate urged
the district.
districts that on Wednesday sought
Hungate's disqualification are Affton,
participation in a voluntary plan.
"By reason of the foregoing,"
Bayless, Brentwood, Hancock Place,
He quoted Hungate as saying on
Sweeney concluded that he "believes
Jennings, Ladue, Lindbergh,
June 11: "If not enough volunteer, I'm
that the judge has prejudged the
Maplewood, Mehlville, Rockwood and
going to order a mandatory plan."
liability of this school district, and his
Webster Groves.
On Aug. 24, Sweeney noted, Hungate
impartiality in this case might
Copies of the other 11 districts'
granted the requests of the St. Louis
reasonably be questioned."
requests weren't immediately made
public. But a brief inspection of them in
the federal courts building Wednesday
SEPT 10, 1981
Mrs. O'Connor for death penalty,
against busing
WASHINGTON (AP) Sandra Day
O'Connor, treading cautiously toward
Senate confirmation as a Supreme
Court justice, said Thursday that she
supports the death penalty for some
crimes and is opposed to forced busing
to integrate public schools.
death penalty, not busing
In her second day of testimony
before the Senate Judiciary Committee,
Judge O'Connor said she twice spoke
Continued from Page 1A
personally with President Reagan
confirmation, with the full Senate confirming "her
before it was announced she was his
nomination the next day.
choice to become the first woman
justice on the court.
ON OTHER TOPICS, the 51-year-old nominee told
the committee Thursday that she:
- As a personal opinion, not a legal one, could
She declined to describe those
conversations, one of which was held at
support legislation that permitted abortions only to
conversations, but said no promises
the White House.
save the life of a mother, although she said some
were made on how she would vote on
other exceptions might be possible.
Judge O'Connor said her views on
any particular issue.
forced busing were shaped by a
- Is a strong believer in the First Amendment, in
"I was not asked (by Reagan) to
childhood experience of riding 75 miles
general opposing the closure of criminal trials to the
make any commitment concerning
round trip daily on a bus from her home
press for any reason, and supporting the use of
how I would resolve any issue that
on an Arizona ranch across the desert
television in most courtrooms, including possibly the
might come before the court," Judge
to school.
Supreme Court.
O'Connor said in answer to a series of
"I found that very disturbing to me
- Opposes the use of women in military combat,
questions from Sen. Charles Grassley,
as a child," she said, "I am sure that
"if that term is restricted to a battlefield situation as
R-Iowa.
other children who had to ride long
opposed to pushing a button."
SHE SAID IT would be improper to
distances as a child shared that
- Believes a defendant's previous criminal record
discuss what subjects she talked about
experience."
should be considered in deciding whether bail or
with Reagan during those
While emphasizing that she was not
preventive detention is ordered by a judge.
- Would oppose any effort to force her to resign
from all-female service and civic clubs in Arizona.
THURSDAY'S HEARING was enlivened by advice
talking about the constitutional or legal
applying the same statute later as a
given Judge O'Connor by Sen. Joseph Biden of
reasons for or against busing, she said
state judge.
Delaware, the senior Democrat on the committee,
that as a device for integrating schools
"I felt it was an appropriate vote
who urged her to speak out on feminist or other issues
it "can be a very disruptive part of a
then and I have not changed my view,"
as'a Supreme Court justice.
child's education program."
she said.
However, she added without
"You are a tremendous asset, the fact that you are
AS AN ARIZONA state senator, she
elaboration that she opposed legislation
the first woman on the court," he said. "It is your
favored legislation urging federal
in Arizona that made the death penalty
right to go out across the country and give speeches
legislation forbidding busing for
mandatory for some crimes.
on inequality of women, if you so desire. Don't wall
desegregation, she said.
The committee, which is expected to
yourself off; your male brethren have not."
On the déath penalty, Judge
conclude three days of hearings Friday,
When Biden finished, women in the audience
O'Connor recalled sponsoring
is likely to vote next Tuesday to
applauded and cheered loudly, only to be warned
legislation to revive capital punishment
recommend Judge O'Connor's
sternly by committee chairman Strom Thurmond, R-
after the Supreme Court struck down
S.C., that anyone who repeated the demonstration
statutes in most states, and then
Continued on Page 4A
would be removed from the room by police.
morton Blackwell,
This Forced bising is the
worst thing any one can do
to a child. my 10 year old is a
have average student in his
neighborhood school He sayo
he will quit if he has to go
to another school. you see we
live less than five minutes of
walking distant ofschool. our school
has only one bus that is used for
field trips and ball games, our
mothers club has such a interest
in the school we work hard to
raise money to buy what the
school needs.
I am very strongly against the
found busing.
Please remind President Reagans
platform "There must be no foried
busing. I live in St. Louis county
mina of charpenburg
Jemay, mo 63125
9453 S. Broadway
SEPT 10, 1981
Anti-Busing Amendment
Misses Bus On House Floor
WASHINGTON (AP) - As Rep.
another bill. But the Senate remains
James Collins was telling two reporters
tied up by a filibuster over the
how he wasn't going to let anything
provision, and its backers there are
mess up his anti-school-busing
pessimistic about ending the talkathon.
amendment, something did.
Collins' amendment would have
As the Texas Republican talked to
given the Senate a chance to work on a
the press Wednesday afternoon, the
second bill containing a busing
Democratic-controlled House worked.
prohibition.
And when he returned to the floor, the
Collins' amendment to a bill
bill he had wanted to amend was long
appropriating funds for the Justice
gone.
Department was intended to keep the
The missed opportunity clouded anti-
department from filing any new suits
busing activists' prospects of getting
that would lead to busing for school
their legislation through Congress
integration. It would not have affected
quickly.
current busing orders but would have
The anti-busing amendment was
denied the department any money to
passed by the House earlier as part of
put future orders into effect.
Desegregation Panel Fixes
Operating Budget At $120,000
The committee supervising the
Uchitelle.
voluntary St. Louis area school
In other action, the committee
desegregation plan has approved a
agreed to recommend that office space
$120,000 operating budget.
be rented in the Gay Building of the
Clayton School District.
The committee also complied with a
court requirement by appointing
The committee was under a court
Douglas King, a University City parent,
requirement to submit a budget by
as a committee member at its first
Sept. 15. Almost half the budget is to go
meeting Wednesday at the Clayton
for salaries.
Community Center.
Mrs. Uchitelle will be paid $35,000 a
The 12-member committee is made
year as director; she got $26,000 a year
up of representatives from each of the
while working as an area supervisor for
five St.° Louis County school districts
the Missouri Department of
that have agreed to participate in the
Elementary and Secondary Education.
plan as part of the federal
About $14,000 is budgeted for a
desegregation suit against the St. Louis
secretary and $7,500 for a part-time
administrative assistant.
schools. The districts are Clayton,
Ritenour, Kirkwood, University City
U.S. District Judge William L.
and Pattonville.
Hungate has ordered the state to pay
the costs of the committee.
In' addition, a member of city school
systèm's internal desegregation
Mrs. Uchitelle said the second
committee, a state official, a city
largest expenditure is $27,000,
parent, a suburban teacher and a
earmarked for postage and printing of
suburban parent are on the committee
brochures describing the opportunities
along with committee chairman
the voluntary plan offers.
William P. Gussner, assistant
The committee meets next at 4 p.m.
superintendent of the Clayton schools,
next Wednesday at Clayton High
and committee director, Susan
School, 1 Mark Twain Circle.
ST LOUIS POST DISPATCH
Legal Eagles Put
To Flight By $115
9/10/81
By Edward H. Kohn
Of the Post-Dispatch Staff
Question: What has the
lengthy St. Louis school deseg-
regation court case cost so far
in legal fees, court costs and
other expenses of litigation?
Costs
Answer: tens of thousands of
dollars, plus $16.73 each for
seven of the parties to the case.
FROM PAGE ONE
On May 29, the St. Louis
Daily Record printed an 18-
was
inch-long legal notice about the
judge issued his ruling Tuesday. The
sent routinely to the court clerk's office.
cost of the $115.71 notice is to be divided
voluntary vocational education
But. neither the clerk nor the court's
equally among seven parties to the
agreement between the Special
administrative office was authorized to
School District of St. Louis
suit: the North Side parents, the city of
pay. it. And after looking around, it
County and the St. Louis Board
St. Louis, the National Association for
appeared that none of the parties to the
of Education.
the Advancement of Colored People,
suit was interested in volunteering the
The notice, signed by U.S.
the city School Board, the federal
sum needed.
District Judge William L.
government, the Special District and
So after Hungate had disposed of a
the state of Missouri.
Hungate, was required às part
succession of weighter matters at a
of the settlement of the class-
court session last week, the judge and
That works out to $16.73 each.
action suit. The notice cost
eight attorneys in the school case took
But don't count your money yet,
$115.71.
the matter into private conference in
Daily Record. Those seven $16.73 bills
The bill for publication later
the judge's chambers and tried to
now have to thread their way through
See COSTS, Page 6
thrash it out.
another seven levels of bureaucracy. It
After six days of deliberation, the
all takes time
ST LOUIS GLOBE DEMOCRAT
9/11/81
Hungate divvies up bill:
Desegregation
orders often involve millions of dollars, but one issued
Wednesday will cost seven parties in the St. Louis case about
$16.53 each.
U.S. District Judge William L. Hungate said in the order
that the Administrative Office of the United States Courts, in
Washington, had turned down payment of $115.71 for an
advertisement placed in the St. Louis Daily Record May 29 by
the district clerk here.
The ad notified students and parents of a June 9 hearing on
a voluntary vocational education desegregation plan between
the St. Louis school system and the Special School District of
St. Louis County.
The administrative office said that under court rules,
parties should pay costs of notices published in class-action
cases.
So, in his order Wednesday, Hungate divided the bill among
the St. Louis Board of Education, city of St. Louis, National
Association for the Advancement of Colored People,
Concerned Parents of North St. Louis, U.S. Department of
Justice, the Special District and the state of Missouri.
Those parties endorsed the settlement approved in June for
the vocational education desegregation plan, Hungate
explained.
SEPT 11, 1981
School Board Rebuts
Attack By State
On Magnet Costs
By Edward H. Kohn
Only 55 of them are from participating
voluntary plans of interdistrict
districts. The other 286 are from non-
desegregation the attendance of these
Of the Post-Dispatch Staff
participating districts.
students at the city magnet schools will
Pointing to the success of the magnet
schools, the St. Louis Board of
"The city board should not be
be in serious jeopardy."
Education has replied to what it called
required, and cannot afford, to absorb
The state had argued that "to pay
the whole incremental cost for these
the fiscal incentives to school districts
an "unfortunate attack" by the State of
students," the board argued. "Without
who have refused to participate in the
Missouri.
the state aid contemplated in the
voluntary cooperative effort would be
The state has objected to paying
fiscal incentives and transportation
costs for students who want to transfer
to magnet, schools in the city from
suburban districts that are not
participating in the voluntary
desegregation plan.
The city School Board's reply was
filed Friday in the court of U.S. District
Judge William L. Hungate.
The board pointed out that there are
now 341 suburban applicants for
admission to the city's magnet schools.
counterproductive and directly in
paid to the city board
nost
district.
suburban school districts sending
conflict with the concept of fiscal
The city board said st was not asking
students to city schools for the loss of
incentives."
that the payments be made to non-
state aid. State aid payments are based
The city board said it could not agree
participating school districts - only
on school enrollment. The incentives
more. It said the state's objections
that the city be compensated for taking
also would help the city schools pay the
were based on a misreading of its
those students.
cost of educating the suburban
motion, which asked that the fiscal
The incentives were devised as part
students.
incentives and transportation costs be
of the voluntary plan to compensate
"This court has the power to require
the state to comply with the necessary
remedy under the principle of 50/50
enrollment," the city School Board
said.
"The presence of these 341 white
students opens the doors for an equal
number of black students who may thus
partake of that desegregation process.
Yet the state wants to pull the financial
rug from under this plan."
In another development in the school
See DESEGREGATION, Page 21
desegregation case, the National Association for the
The Riverview Gardens attorneys said the Lashly
Advancement of Colored People asked to have
firm omitted crucial parts of the discussion in their
Judge Hungate add five more St. Louis County
report to Hungate.
school districts to the metropolitan school-desegre-
Last fall, the Concerned Parents for Neighborhood
gation case.
Schools, a south St. Louis parents' group, and the
In the alternative, the NAACP asked Hungate to
NAACP tried to have the Lashly firm disqualified
allow it to seek an immediate ruling from the 8th U.S.
because it previously represented the state Board of
Circuit Court of Appeals here on his orders exempting
Education and five suburban districts - Lindbergh,
the five districts from the suit.
Normandy, Parkway, Riverview Gardens and
1 Three weeks ago, Hungate ruled that the five
Wellston.
districts - Clayton, Kirkwood, Pattonville, Ritenour
But Senior Judge James H. Meredith, who presided
and University City - should be excluded from
over the school case until December, ruled that the
complaints filed by the NAACP and the St. Louis
firm didn't have a conflict and denied the
Board of Education seeking mandatory areawide
disqualification requests.
school desegregation. The districts were excluded
In asking Hungate to expand the case, the NAACP
because they agreed to try the voluntary plan.
argued that the voluntary plan in which five districts
But the NAACP said it should be given a chance to
have agreed to participate is inadequate for several
prove its allegations against the five districts before
reasons.
Hungate decides whether to give them "special
First, the NAACP said, the plan "will produce
treatment" for having volunteered to join the plan.
desegregation largely on a one-way basis," with black
Meanwhile, St. Louis County Executive Gene
students from city schools transferring to county
McNary on Thursday joined 13 St. Louis County school
districts that have volunteered to accept them.
districts in asking Hungate to disqualify himself from
* "Such a one-way process, which places an
the case. Last week, McNary called for Hungate's
inequitable burden on black students, is not an
impeachment.
adequate remedy for a constitutional violation," the
Twelve districts filed disqualification requests
NAACP said.
Wednesday; the 13th, Riverview Gardens, filed its
Also, the NAACP said, any plan that relies on
request Thursday. Hungate hasn't set a date for a
"voluntary parental participation," as does the plan
hearing on the requests.
approved by Hungate, "cannot be constitutionally
The 13 school districts are among the 17 county
adopted as a remedy for a system-wide intradistrict
districts added by Hungate on Aug. 24 as defendants
or interdistrict violation."
in the 91/2-year-old dispute. The county, McNary and
Finally, the group argued that Hungate erred in
two other county officials also were added as
making the test for continued exemption from the suit
defendants.
the achievement of "a level of integration satisfactory
In a sworn statement filed with the judge, McNary
to the court."
said he believes Hungate "has prejudged the liability
The NAACP said it is seeking permission for an
of the various St. Louis County school districts and St.
immediate appeal if Hungate won't change his mind
Louis County government defendants."
because of the March 1 starting date for the liability
McNary said, "The judge's impartiality in this
hearing for the county school districts.
case might reasonably be questioned."
Separately, the city School Board asked Hungate to
Through his secretary, Hungate said Thursday that
clarify the portion of his order by defining "a level of
he would not comment on the requests that he
integration satisfactory to the court" in terms of
disqualify himself. Last week, his secretary said he
annual goals for the suburban districts for the next
had no comment on McNary's call for his
three years.
impeachment.
"So long as each participating school district is
In another development Thursday, the Riverview
achieving its annual goals, this court will be able to
Gardens district said it intends to move-in the near
conclude that the plan is working, that no further
future to disqualify Lashly, Caruthers, Thies, Rava &
relief is necessary and that the continuation of the
Hamel, one of two law firms that represents the city
stay (of litigation) is justified," the School Board told
School Board, on the ground of conflict of interest.
Hungate.
The Lashly, Caruthers firm formerly represented
But should the districts fail to meet their goals, it
the Riverview Gardens School District.
would be clear that the freedom-of-choice plan
Edward E. Murphy and Garry Seltzer, who now
ordered herein is not working and that more effective
represent the Riverview Gardens district, told
remedies are required," including adding the five
Hungate that a report prepared by the Lashly firm
districts to the case.
filed earlier this week was "incomplete and tends to
In other developments Thursday:
give the court a misleading impression of what
- Hungate met privately for 55 minutes with about
transpired."
two dozen attorneys in the case to discuss
The report detailed a meeting held Tuesday at
"discovery" - the process by which the attorneys
which attorneys for the various school districts
will prepare for the March 1 trial. After the meeting,
discussed the complex "discovery" process by which
several attorneys said no agreement had been
they will prepare for a hearing on whether or not the
reached but that informal discussions would continue.
suburban districts contributed to segregated classes
- The city School Board and the NAACP jointly
in the city. That hearing is scheduled to begin March
urged Hungate to move swiftly in scheduling a
hearing on their requests to add school districts in
Jefferson and St. Charles counties, the two counties
and various area housing agencies to the suit.
ST LOUIS POST DISPATCH
9/11/81
chool Integration Plan 'Further Ahead Than We Hoped,' Official Says
Catherine Vespereny
best way to go, rather than battling
the Post-Dispatch Staff
over a mandatory plan," said Gussner,
William P. Gussner, chairman of the
an assistant superintendent in the
mmittee supervising the voluntary
Clayton School District.
reawide school desegregation plan,
Already, he said, the plan is "even
he's optimistic about the plan's
further ahead than we'd hoped for."
rospects.
The committee didn't get off the ground
"Philosophically, I feel that it's the
until after Aug. 24, when U.S. District
Judge William L. Hungate agreed to
that, the Pattonville School District
protect four participating districts -
decided to participate; Hungate
Kirkwood, Clayton, Ritenour and
granted it immunity, too.
University City - from litigation.
Gussner said he sees ahead two or
Such immunity was a condition each
three months of hard work ironing out
had attached to its acceptance of the
details on student transfers, recruiting
plan. At the same time, Hungate
and counseling. "The judge laid out the
ordered them to begin the plan. After
See SCHOOLS, Page 21
skeleton," he said, "and we're here to add the flesh."
He said that so far, "no major hurdles" loom.
The group has approved a $120,000 budget and may
approve by-laws at its next meeting, Wednesday.
The voluntary student transfers entailed by the
plan have already begun. For instance, Gussner said,
Clayton schools have 19 city transfer students, with
more expected by the end of this week.
The committee has asked Hungate for a ruling on
whether it can recruit non-participating districts for
the voluntary effort - something the committee
would like to do.
"We feel it would be an appropriate activity,"
Gussner said. "We hope more districts join, but we
don't know. They're certainly welcome."
Hungate has named as defendants the 17 districts
that rejected the voluntary plan.
The plan's 12-member coordinating committee has
representatives from each of the participating school
districts, one from the city school system's internal
desegregation monitoring committee, a state official,
a city parent, a county parent, a suburban teacher
and a city teacher. Susan Uchitelle is the committee's
director.
Hungate's plan calls for predominantly white
districts to accept black transfer students until
enrollments are 15 to 25 percent black.
Gussner, 40, has worked in Clayton for eight years.
He holds a doctorate from Washington University in
educational administration. He and his wife, Sandra,
live in University City. His three children, ages 11, 8
and 7: ittend University City schools.
ST LOUIS GLOBE DEMOCRAT
9/12/81
XCounty joins in move against Hungate
U.S. District Judge William L. Hungate's
shall disqualify himself in any proceeding in
The school district also alleged the judge
orders in the school desegregation case
which his impartiality might reasonably be
had prejudged it.
"imply prejudgment of the issue of
questioned."
Minardi wrote, "On various occasions
The school districts that asked
liability," St. Louis County said Thursday in
joining 13 suburban school districts in
Judge Hungate referred to the pending
Wednesday that Hungate be disqualified are
moving to disqualify him.
voluntary desegregation plans, and stated in
Hazelwood, Webster Groves, Rockwood,
Twelve St. Louis County school districts
essence that if enough suburban school
Lindbergh, Ladue, Hancock Place, Bayless,
districts did not participate in a voluntary
Brentwood, Jennings, Maplewood-Richmond
filed motions Wednesday seeking Hungate's
plan, he would enter a mandatory
Heights, Affton, and Mehlville. Four other
disqualification and were joined Thursday
by the county and the Riverview Gardens
interdistrict remedy.
districts named by Hungate as defendants in
School District.
"These statements were made despite
the 91/2-year-old desegregation case -
"The judge's impartiality in this case
the fact that
no surburban district has
Normandy, Wellston, Parkway and Valley
might reasonably be questioned," County
yet had the opportunity to be heard, nor has
Park - have not asked that he be
Executive Gene McNary said in an affidavit
the issue of their liability been litigated."
disqualified.
accompanying the county's motion.
RIVERVIEW GARDENS School District
Kirkwood, Clayton, University City,
IN A MEMORANDUM filed with the
said it was acting to disqualify the judge
Pattonville and Ritenour districts, whose
county's motion, Andrew J. Minardi,
"with extreme reluctance because of the
officials had agreed to participate in the
associate county counselor, noted that the
seriousness of the step" but added it felt it
voluntary desegregation plan, were not
United States Code says, "Any justice,
must protect the rights of its children and
named as defendants in the desegregation
judge, or magistrate of the United States
taxpayers.
case.
ST LOUIS POST DISPATCH
9/13/81
Judge Hungate Should Stay On
Twelve St. Louis County school districts
that Judge Hungate prejudged their liability
are asking U.S. District Judge William L.
by making 17 of them defendants. It would
Hungate to disqualify himself from the St.
have been difficult, though, for the court to
Louis metropolitan school desegregation
arrive at any judgment on these districts if
case. Their requests accuse the judge of
they were not made parties to the case.
prejudging the facts. We do not think Judge
Certainly they could not be made plaintiffs.
Hungate has done that.
But making them defendants does not
The judge has ordered the Justice
prejudge them; they will have their
Department, the state and the St. Louis
opportunity to demonstrate that they have
chool Board to submit a plan for mandatory
had nothing to do with school segregation.
esegregation on Feb. 1. But whether the
The St. Louis School Board began this
plan is adopted will depend on the results of
case as a defendant and now wants to
a hearing scheduled for March 1. Thus later
become a plaintiff. After all, the city board
hearings will determine whether county
has tried to end segregation within city
districts added to the case have any
schools, and it cannot go much further
responsibility for school segregation in the
without suburban help. If most of the
city. In short, the districts will have their
suburban districts had volunteered help, as
day in court; remedies for segregation can
Judge Hungate suggested, they would not
only be imposed after findings of liability.
now be in the position of complaining about
Lawyers for the protesting districts argue
being brought to court.
LETTERS
After reading your Sept. 2 editorial,
"Mr. McNary To The Barricades," I
realized that the entire editorial is
captious. Mr. McNary is not "trying to
inflame base emotions." That is a
Your Sept. 2 editorial called County
fallaciously subtle statement.
Executive Gene McNary "reckless" in
The editorial further stated that "the
his statements concerning Judge
community is witnessing the first
Hungate's handling of the
strings of negative, potentially tragic
desegregation issue. Does the editorial
political leadership." This is a
staff of the Post-Dispatch wish to limit
statement of a tyrant. Mr. McNary is
the rights of Mr. McNary as provided
no amateur. He knows how parents feel
under the First Amendment? Or is it
about- having their children uprooted
just that the Post-Dispatch, which is
from their own neighborhoods to be
among the handful of outdated liberals
bused into strange neighborhoods miles
and self-serving organizations that
from their homes. This is devastating to
support forced busing, merely wishes to
birth children and to concerned parents.
discredit spokesmen for the vast
This desegregation mania borders on
majority of citizens which are in
the paranoiac. It is destructive to all
opposition?
educational processes. It is also an
.In order for the necessary legislative
impingement upon the rights of its
changes to be made that will put an end
taxpaying citizens and their offspring.
to the issue of forced busing
This desegregation hysteria is a
permanently, we, of that vast majority
fool's paradise. Busing is an incubus
inopposition to forced busing, need our
that must be stopped now. Parents
voices to be heard. We cannot sit back
must be obdurate regarding the welfare
"peacefully" and allow ourselves to be
of their children. The future of dur
railroaded into a reprehensible
country demands a stoppage of this
situation that will not improve the
time-consuming and money-wasting
quality of education for those it is
social experiment being exercised by
intended to help but greatly lower the
pusillanimous dictators.
quality for every child.
Esther M. Deppong
Rebecca S. Heeren
Cahokia
Affton
StL, Business Journal
9/14/81
Courts have moved too far
from benefit of public scrutiny
Reagan's early opportunity to name a
ways can almost be compared with those
new member of the Supreme Court has
of the emperors in medieval Europe. Ac-
brought that august body once again
quisition of such authority can have pro-
under some degree of public scrutiny. And
found effects and an appreciable number
many think such public scrutiny is badly
of appointees find the temptations of im-
needed.
perialism truly irresistible.
For half a century, since Roosevelt's at-
Once in office, court members are
tempt to pack the court, its ups and
responsible to no one. For all practical pur-
downs, or, perhaps better stated, its rights
poses they are irremovable and irreversi-
and lefts, have at one time or another
ble.
angered almost every group in America.
No matter how old they get, how feeble
As for now, the newspapers, and TV are
their body and brain becomes, they can
flooded with analysis and, of course, a
hang on if they like. Douglas epitomized
common theme is that Reagan, during his
this characteristic at its worst.
term in office, will have a supreme oppor-
The lesson seems to be that we are in
tunity to remake the Supreme Court.
real need of some sort of reform.
If past history of-
Conservatism or liberalism do not con-
fers any example,
Insight
stitute the heart of the problem. The real
the magnitude of
dilemma is that whereas we thought we
the opportunity
had an executive, a legislative and a
may be much less
judicial branch of government, more and
than heralded.
more we are finding that the judiciary is
Eisenhower ap-
assuming executive and legislative
pointed Earl War-
powers.
ren as chief justice
The use of concrete examples is helpful
of the Supreme
and we have been supplied one in a book
Court when the
review written by Robert Bork, professor
first vacancy ap-
of public law at Yale Law School.
peared. But for all
Taking a look at William O. Douglas, he
his own liberality,
observed that the Douglas urge "which
the evidence is that
By JOHN BURKHART
became the dominant theme of the Warren
Ike found Warren
Court, was the redistribution of society's
going much further and faster than he
wealth, prestige and political power
would have preferred. Warren's first court
"Mr. Douglas himself was often in dis-
role, following soon after his appointment,
sent because he wished to do more and go
was a case we have been hearing about
further. Most observers, even those who
ever since: Brown V. Board of Education.
approved, found it difficult not to con-
Nixon, pictured in the public mind as
clude that Justice Douglas' politics were
one of the meanest and most unyielding of
also his law
conservatives, had his chance at the court
"It is difficult to see how a legislative
but, again, it is obvious that some of his
judiciary and the premises of constitu-
appointees have moved in directions wide-
tional democracy can be reconciled, par-
ly different than Nixon anticipated.
ticularly when the judiciary's power rests
The constitutional concept and strength
upon the widespread misapprehension
of the Supreme Court is its independence,
that it is not legislating."
the authority it exercises under the
It may be that when the American peo-
separation of powers doctrine upon which
ple find they can no longer accept the pre-
the American government rests.
sent state of the courts, congressional ac-
This strength is also a weakness, one
tion will suffice. More likely, however,
that up to now has frustrated critics.
some constitutional restructuring will be
Anyone named to the court is the im-
necessary. Whoever has the drafting
mediate recipient of powers that in some
assignment deserves all of our sympathy.
ST LOUIS GLOBE DEMOCRAT
SEPT 25, 1981
Hungate bows out
of desegregation
ruling on county
By CHARLES E. BURGESS
Globe-Democrat Education Writer
U.S. District Judge William L.
Hungate disqualified himself
Thursday from deciding whether, as
alleged, St. Louis County school
districts acted to further
constitutionally prohibited
segregation of area schools.
But Hungate, in a ruling that took
lawyers in the case by surprise, kept
judicial control over all other
aspects of the case, including
planning for possible mandatory
interdistrict integration.
According to Hungate's ruling,
any mandatory city-county
desegregation plan that he would
oversee could be based on any future
finding by another judge, if and
when that occurs, of liability on the
part of county school districts.
Attorneys contacted after the
William L. Hungate
startling late afternoon ruling were
lawyers surprised
uncertain about the implications,
but agreed that the decision will
was in a ruling on motions by 13 St.
probably cause substantial delay in
Louis County districts and County
the proceedings:
Executive Gene McNary that he
HUNGATE'S ANNOUNCEMENT
Continued on Page 7A
Judge disqualifies self from county ruling
Continued from Page 1A
"antagonism and delay that is detrimental to the
public interest," and that he was removing himself
disqualify himself completely from the proceedings.
from the question of judgments over the county
Paul B. Rava, an attorney for the St. Louis school
districts so that "attention will not be diverted from
board, said "There are many questions about the
the educational equities in this case."
interrelationships of matters that are before the
The motions asking for Hungate's removal were
judge. It can get very complicated."
filed after he granted NAACP and city school board
Rava said he is concerned about the change but "I
petitions Aug. 24 that made 17 St. Louis County
have the highest respect for Judge Hungate's abilities
districts defendants in the case. He had set a hearing
and integrity, and if he did it he must have his
to begin March 1 on evidence on why the county
reasons."
districts should or should not be compelled to be part
"It's very confusing. I don't see how he can step
of a mandatory interdistrict desegregation plan.
down from one part of the case and not from the
IF THERE IS no change from his Thursday ruling,
other," said Richard B. Fields, an attorney for the
National Association for the Advancement of Colored
Hungate would retain jurisdiction over development
of the suggested plan. He has asked that he, the state
People.
and the city school board complete recommendations
HUNGATE SPECIFIED that he was excusing
for the plan by Feb. 1.
himself from portions of the case concerning
Hungate made it clear in a separate order that the
complaints filed by the city board and NAACP that
issues of liability of county districts and the
suburban districts had collaborated with each other
suitability of the suggested mandatory plan would not
and with the city system to prevent integration in the
be considered at the same time, as originally set
past.
down in the Aug. 24 order. He did so by granting a
"So that the disposition of this complex litigation
motion by the city anti-busing group, Concerned
may proceed in an atmosphere of calm reflection,"
Parents for Neighborhood Schools, for separate
Hungate wrote, he will "recuse (remove) himself
hearings on the two issues.
from determination of the alleged constitutional
"It sounds as if he is saying that he doesn't want to
violations by the county school districts as individual
be the judge who determines the law, but if they (the
entities."
county districts) are found guilty, he'll provide the
In his order, Hungate said allegations that he had
remedy," said Gayle Taylor, area coordinator for the
prejudged the facts were not proven. But, he said, the
National Association for Neighborhood Schools.
motions created "an atmosphere of hostility and
Hungate also retains jurisdiction over the internal
suspicion" at a time when "it is essential during the
St. Louis school system desegregation, a voluntary
remedial stage of a school desegregation case that
interdistrict plan he approved Aug. 24, a voluntary
the parties cooperate in devising and implementing a
plan for desegregating vocational education
workable plan."
programs operated by the city system and Special
Kenneth H. Wangelin, chief judge of the Eastern
School District and consideration of proposals for
District of Missouri, who appointed Hungate to
housing desegregation to facilitate school integration.
preside in the case in December after Senior District
HUNGATE ALSO ruled Thursday that the city
Judge James H. Meredith stepped down for health
school board will be realligned as a plaintiff on
reasons, said Hungate had not discussed the ruling
alleged interdistrict violation aspects of the case, but
with him.
said the system remains a defendant as to its own
WANGELIN REFUSED further comment except
desegregation responsibilities.
to say he would "make whatever appointment" is
In filings Thursday, both the State of Missouri and
necessary in the case. He said he may talk to
the U.S. Justice Department urged that advisory
Hungate Friday.
committees to the court review board plans to sell
Shortly after Hungate's announcement, a woman
two buildings and rent another.
who identified herself as Mrs. Hungate refused to let
The state raised the question of whether a
a reporter talk to her husband at their home at 26
meeting occurred Aug. 26 at which representatives of
Chapel Hill Estates in Town and Country Thursday.
the court, parties, St. Louis system and Bi-State
"This is our home. I've had it up to here with this
Development Agency discussed some aspects of the
school desegregation case," she said holding her
case.
hand to her neck.
ASSISTANT ATTORNEY General Larry R.
"This is the only place we can get away from it,"
Marshall refused to comment on the allegation, which
she said slamming the door.
occurred in questions directed at the city school
Hungate said in the ruling that allegations by the
board, NAACP, Justice Department and several
suburban districts against his impartiality were
other parties.
"clearly insufficient" to establish "bias or
St. Louis Superintendent of Schools Robert E.
prejudice."
Wentz and a Bi-State spokesman said no record of
HE POINTED OUT that in February the 8th U.S.
such a meeting could be found, although one attorney
Circuit Court of appeals said that efforts by the
conjectured it might have been to discuss bus-pass
NAACP and city school board "to expand this case
arrangments for students participating in
and to add new defendants
should not divert the
interdistrict plans.
energies of the court and parties for expeditious
"It sounds to me as if the state is trying to develop
remedial proceedings."
a conspiracy where none exists," said NAACP
He said that the efforts for his removal generated
attorney William E. Caldwell.