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Obviously coming to
the same result from an opposite direction, the Claymont board
on Apr. 10 agreed to join the state board in an appeal of
Seitz's ruling. The Claymont board's position on that; "Because
of the significance of the decision given by [Seitz] not only to
Claymont and the Hockessin school districts, but to the state of
Delaware in general" the matter should be "turned over to the
Delaware Supreme Court for its careful consideration." The cases
were argued before that court on June 25.
Meanwhile, the
Claymont board wrestled with some problems. It agreed to open
its cafeterias, gymnasiums and other appropriate facilities "for
taking care of people in case of atomic attack." It decided it
would be "unwise to grant permission" for a student "who got
married" to return for her senior year at the high school. But
it was stumped when it came to knowing what to do about a bill
for $148.79 received in May from Court of Chancery.
The state Supreme
Court ruling, which upheld Seitz in every respect, could not
have come at a better or at a worse time. It was handed down on Aug. 28, just
a week before Claymont High was to reopen following summer vacation.
That set the stage for some high drama.
According to both
Evelyn Tryon's account and the board minutes, Stahl and the board
were in a quandary about how to proceed. Without a mandate from
the high court officially informing it of the decision, the
board was still legally bound by the law being struck down.
Responding to public and political pressure, the attorney
general was expected to appeal the decision to the U.S. Supreme
Court, which would automatically delay its implementation.
Timing was
everything. There was no guarantee the arrival of the mandate
would precede the opening of school and thereby allow admission
of the black children before the appeal was filed. And worked
into that was the intervening Labor Day holiday weekend.
The board called a
special meeting for Wednesday evening, Sept. 3 "to study the
whole segregation problem." That day, according to Tryon, had
been spent repeatedly telephoning the court, the attorney general's office
and
the state Department of Public Instruction to obtain the mandate
or at least "a verbal [sic] affirmation that would make it legal
to admit the students."
"Everyone had agreed
to keep this calm, not to speak with the newspapers, to just
make it as much like every other day as possible," Tryon said.
The necessary
paperwork was completed and Pauline Dyson, principal of State
Line elementary school, the area's 'colored school', told the
prospective students that "the eyes of the whole world were on
us here in Claymont" and that "their behavior in high school
would affect all colored children everywhere." She also
cautioned them to be sensitive to their white classmates who
also faced a major adjustment.
The special meeting
convened at 6:30 p.m. The parents, the children and the
lawyers were present, but there still was no mandate in hand.
Tyson said the board had agreed, if necessary, to go ahead and
authorize admission of the children without it.
A telephone call
from Aaron Finger, assistant attorney general, who read the
mandate, proved to be an in-the-nick-of-time rescue. Neither the
board minutes nor Tryon's talk specified at what time that
occurred. When it did, however, the board lost no time in
agreeing, according to the minutes, "to receive these colored
children when school opens officially for children tomorrow."
That happened
without a hitch. On Thursday, Sept. 4, 1952, 11 black teenagers
and 274 white ones shared an opening day of school for the first
time in a Delaware public high school. Salesianum and St.
Elizabeth High in Wilmington and Wilmington Friends in Alapocas,
which are private schools and may or may not have been bound by
the state separate-systems school law, had admitted black
students during the previous two years.
The black students
were: Carol, Joan and Merle Anderson, Bernice Byrd, Elbert
Crumpler, John Davis, Spencer Robinson, Robert and Styron
Sanford, Almena Short and Myrtha Trotter. Ironically, Louise
Belton, whose name gave title of the case, Belton v. Gebhart,
was not in the group. She elected to return to Howard High where
she would feel more comfortable. Gebhart was a member of the
state Board of Education.
The next day,
however, turned out to be another hectic one.
At 9:30 a.m., Miller
telephoned from Dover "stating it was improper for us to keep the
11 negro pupils in our school," Stahl told the board, which met
again that evening. While the Claymont board was meeting the
state Board of Education also was in session "to act on some of
the segregation problems as they would affect schools and
reached this conclusion," he reported.
When another round
of telephoning failed to produce a definitive course of action,
Claymont took control.
Claymont High held a
faculty meeting that afternoon and 25 of the 26 members,
including principal Haig Kupjian, signed a statement which
declared: "Students, regardless of their race, color or creed,
have a right to considerate treatment at the hands of those
having the responsibility for administering public schools." The
petition urged that the black students' "registration as bona
fide students of Claymont High School should stand."
The board agreed.
According to the minutes, both Fletcher and Stahl "felt that it
would be most humiliating to these colored children to be kicked
out of our school." Tryon put it in even stronger terms. She
quoted Stahl as telling Miller "the children had already been
admitted and that we were dealing with human beings, people with
feelings, not just a legal case."
The state official
backed down. The minutes report that Miller called back and that
the school secretary went in person to the State Line school,
where Stahl had gone to confer with Dyson, to deliver a
message "to the effect that the 11 Negro children could remain
in the Claymont school until further notice from the courts or
from the office of the attorney general or from the state
[office] of education."
That advice was
never countered. Meanwhile the Hockessin district admitted the
one black child on whose behalf that suit was brought and a few
days later the board in the single-school Arden district
declared its elementary school, which was a feeder to Claymont
High, open to all residents of that district.
Tryon in her talk
noted that the entire Claymont community shares credit for a
completely peaceful integration of its school -- contrary to
what happened later in Milford, Del., Little Rock, Ark., and
other places affected by Brown v. Board of Education. "We
had so many people to help and the natural attitude of
acceptance was so great that the integration of Claymont High
School moved ahead without any problems for the next two years,"
she said.
The first, and
apparently only, disruption came at the 1954 graduation when a
white boy refused to partner with a black girl while processing
to receive their diplomas. When the boy bolted the line "the
next young man thought quickly and just moved up and things
moved along smoothly, without interruption," Tryon said.
Board minutes in the
autumn of 1952 tied up a remaining loose end. They noted,
without comment, that the state board had agreed to pay the
$148.79 that the Claymont district had been billed for court
costs. |