Bell v. School City of Gary, Indiana, Civ. No. 3346.
Decision Date | 29 January 1963 |
Docket Number | Civ. No. 3346. |
Citation | 213 F. Supp. 819 |
Parties | Rachel Lynn BELL, a minor, by Mrs. Odessa K. Bell, her mother and next friend, et al. v. SCHOOL CITY OF GARY, INDIANA. |
Court | U.S. District Court — Northern District of Indiana |
F. Laurence Anderson, Jr., Hilbert L. Bradley, Gary, Ind., Richard G. Hatcher, East Chicago, Ind., Charles Wills, South Bend, Ind., Robert L. Carter, Barbara A. Morris, New York City, for plaintiffs.
Orval W. Anderson, Albert H. Gavit, Gary, Ind., Edmond J. Leeney, Hammond, Ind., for defendant.
This is a declaratory judgment action brought by approximately 100 minor Negro children, enrolled in the public schools in Gary, Indiana. The action is brought by and on behalf of the plaintiffs and all others who are similarly situated, against the School City of Gary, Gary, Indiana.
The plaintiffs present three principal questions which they ask the Court to determine:
The evidence shows that Gary, Indiana is a rapidly growing industrial city located in the northwest portion of Indiana. Geographically it is shaped much like the capital letter "T". Its north boundary line is the southern shore of Lake Michigan. The stem of the "T" extends approximately seven miles from near the shore of Lake Michigan to the southern boundary of the city and is approximately two miles wide. The cross-bar of the "T" is approximately four miles wide and extends east and west a distance of approximately ten and one-half miles. Steel mills and other heavy industrial establishments are located primarily along the shore of the lake. The remainder of the territory is devoted to commercial and residential areas although some industry is located near the east and west portions of the cross-bar of the "T".
The population of Gary, according to the United States Census, in 1950 was 133,911 which included 39,326 Negroes. In 1960, the population was 178,320, of which 69,340 were Negroes, The student population in the public schools for the 1951-52 school year was 22,770, of which 8,406 or approximately 37% were Negroes. In the 1961-62 school year there were 43,090 students in the public school system and 23,055 or approximately 53% were Negroes.
In 1951, the Gary School City maintained 20 school buildings. In 1961, the number of buildings had increased to 40. Additional schools had either been completed or were in the process of completion at the time of the trial of this case.
In the school year 1961-62, 10,710 of the students enrolled in the Gary school system attended fourteen schools which were 100% white; 16,242 students attended twelve schools which were populated from 99 to 100 per cent by Negroes; 6,981 students attended five schools which were from 77 to 95 per cent Negroes; 4,066 attended four schools which had a range from 13 to 37 per cent Negro; 5,465 attended five schools which had a Negro population from one to five per cent.
The schools in operation in the 1951-52 and 1961-62 school years, their total enrollment and percentage of Negro students are shown on the following chart.
TABLE SHOWING COMPARISON OF NEGRO AND WHITE YOUTH ENROLLED* IN GARY PUBLIC SCHOOLS YEAR 1951 and YEAR 1961 ________________________________________________________________________________ 1951 — 1952 1961 — 1962 _________________________________________________________ Total Total Enrollment No. of Enrollment No. of Schools Negroes % Negroes % ________________________________________________________________________________ AETNA — — - 1,095 — - AMBRIDGE 190 — - 350 — - BANNEKER — — - 877 876 99 BETHUNE — — - 1,011 1,001 99.01 BEVERIDGE 465 69 14.8 470 392 83.4 BRUNSWICK — — - 1,039 — - CARVER 893 893 100 1,196 1,196 100 CHASE — — - 467 171 36.8 DOUGLASS — — - 1,051 1,050 99.9 DREW — — - 978 974 99.59 DUNBAR — — - 1,343 1,342 99.92 EDISON 1,339 — - 1,358 27 1.9 EMERSON 1,896 179 9.44 2,184 276 12.64 FRANKLIN 482 — - 756 — - FROEBEL 2,260 1,266 56 2,109 2,004 95 GARNETT — — - 1,272 1,272 100 GLEN PARK 474 — - 293 — - IVANHOE 108 — - 678 89 13.12 JEFFERSON 701 8 1.14 773 35 4.9 KUNY — — - 375 — - LINCOLN 754 744 98.67 1,418 1,413 99.64 LOCKE — — - 1,094 1,093 99.9 MANN 2,115 — - 1,602 1 .99 MARQUETTE — — - 707 — - MELTON — — - 701 — - MILLER 212 — - 196 — - NOBEL — — - 626 — - NORTON — — - 1,660 1,466 88.31 PITTMAN SQUARE — — - 507 — - PULASKI 1,671 1,646 98.52 1,719 1,714 99.7 PYLE — — - 868 836 96.3 RILEY 313 - 725 — - ROOSEVELT 3,676 3,676 100 3,202 3,200 99.00 TOLLESTON 1,698 74 4.3 1,898 1,455 76.65 VOHR — — - 801 11 1.37 WALLACE 2,384 — - 2,726 — - WASHINGTON 344 30 8.72 676 162 23.96 WEBSTER — — - 547 — - WILLIAMS — — - 881 881 100 WIRT 795 — - 1,034 2 1.9 SPECIAL SCHOOLS DUNELAND — — - 74 35 47.29 LUTHERAN CHURCH — — - 62 45 72.58 NORTON PARK — — - 45 34 77.3 TEENETTES — — - 9 2 2.2 _________________________________________________________________________________ TOTAL 22,770 8,406 36.5 43,090 23,055 53.5
The Negro population in Gary is concentrated in what is generally called the "Central District" which occupies roughly the south half of the cross-bar of the "T" from east to west and is bounded on the north by the Wabash Railroad and on the south by the city limits and the Little Calumet River. The expansion of the Negro population within the Gary city limits has been largely from east to west within the Central District. Approximately 70,000 Negroes including the 23,000 Negro school children live in this District which comprises about one-third of the area of the city.
Gary, which is a relatively new city having been organized in 1906, developed a rather unique school system commonly known as the Wirt System, so named after the superintendent of schools who was its architect. It was originally laid out in eight school districts and, as the school population demanded, one large school was built in each of the eight districts. Each of these schools handled the education of the public school population within its area, from kindergarten through high school. The original eight schools comprising this system were Edison, Tolleston, Mann, Froebel, Roosevelt, Wallace, Emerson and Wirt. Only Emerson remains a kindergarten through twelve school.
As the school population expanded, additional elementary schools were built. These were generally schools serving children from kindergarten through the sixth grade. Some of these elementary schools serve students from only one of the original eight districts and others accommodate elementary students from two or three such districts.
As these elementary schools were built, attendance zones were...
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Hart v. Community Sch. Bd. of Brooklyn, NY Sch. D.# 21
...132 U.S. App.D.C. 372, 408 F.2d 175 (1969) (where desegregation not possible compensatory education required); Bell v. School City of Gary, 213 F.Supp. 819, 831 (N.D.Ind.), aff'd 324 F.2d 209 (7th Cir. 1963), cert. denied, 377 U.S. 924, 84 S.Ct. 1223, 12 L.Ed.2d 216 (1964); Blocker v. Board......
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...that it must challenge the jurisprudence established by Briggs v. Elliott (E.D.S.C. 1955) 132 F.Supp. 776, and Bell v. School City of Gary (N.D.Ind.1963) 213 F.Supp. 819, affirmed 324 F.2d 209 (7 Cir. 1963). The opinion refers to these cases as "two glosses on Brown". The repeated assertion......
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...that the differences in the IQ ranges of the students in each school must be taken into consideration, see Bell v. School City of Gary, Indiana, 213 F.Supp. 819, 828 (N.D.Ind.), aff'd, 324 F.2d 209 (7th Cir. 1963), as well as the differences in their socioeconomic levels, including home env......
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United States v. Jefferson County Board of Education
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