United States v. Bossier Parish School Board, Civ. A. No. 9282.

• Decision Date: 20 August 1963
• Docket Number: Civ. A. No. 9282.
• Citation: 220 F. Supp. 243
• Parties: UNITED STATES of America v. BOSSIER PARISH SCHOOL BOARD et al.
• Court: U.S. District Court — Western District of Louisiana

220 F. Supp. 243

UNITED STATES of America v. BOSSIER PARISH SCHOOL BOARD et al.

Civ. A. No. 9282.

United States District Court W. D. Louisiana, Shreveport Division.

August 20, 1963.

Burke Marshall, Asst. Atty. Gen., St. John Barrett, Atty., Washington, D. C., David H. Marlin, Atty., Civil Rights Division, Dept. of Justice, Washington, D. C., Edward L. Shaheen, U. S. Atty., W. D. Louisiana, Shreveport, La., for the government.

Jack P. F. Gremillion, Atty. Gen. of Louisiana, Baton Rouge, La., William P. Schuler, Asst. Atty. Gen., New Orleans, La., W. Scott Wilkinson, Special Asst. to the Atty. Gen. of Louisiana, Shreveport, La., Louis H. Padgett, Dist. Atty. for the 26th Judicial District of Louisiana, Bossier City, La., for defendants.

BEN C. DAWKINS, Jr., Chief Judge.

The United States brings this action seeking an injunction preventing the defendants from segregating dependents of military personnel or civilian employees of the federal government in the public schools of Bossier Parish upon the basis of their race or color. Defendants (the School Board, its members, and Superintendent) have moved to dismiss on the grounds that the Court lacks jurisdiction and that plaintiff has failed to allege a claim upon which relief may be granted.

If the United States is a proper party plaintiff, that is, if it has standing to sue, then this Court has jurisdiction under 28 U.S.C. § 1345.¹ In support of its standing and its claim for relief, plaintiff asserts the following points:

(1) The United States may sue upon the contractual obligation assumed by defendants when they received grants for local school construction under the provisions of Chapter 19 of Title 20, U.S.C.

(2) The United States may sue under an implied statutory authority to enforce the provisions of Chapter 19 of Title 20, U.S. C.

(3) The United States may sue to enforce its interest stated in 20 U.S.C. § 636(b) (1) (F), its interest in preserving an efficient military establishment, and its financial interest in ensuring that its money is legally expended; all of which are infringed by defendants' violation of the Fourteenth Amendment.

Three actions almost identical with this one have been decided by other Federal District Courts. Judge Mize for the Southern District of Mississippi, Southern Division, and Judge Grooms for the Northern District of Alabama, Northeast Division, both held that the plaintiff had no cause of action and no standing to bring the suit.² However, Judge Butzner for the Eastern District of Virginia, Richmond Division, held that the United States did have standing to sue and was entitled to relief.³

Judge Butzner based his decision upon the contractual obligation which he found to arise from the assurance given by the local school agency. When application was made for grants to help construct local school facilities, defendants were also required to give the assurance required by 20 U.S.C. § 636(b) (1) (F):

"* * * the school facilities of such agency will be available to the children for whose education contributions are provided in this chapter on the same terms, in accordance with the laws of the State in which the school district of such agency is situated, as they are available to other children in such school district * * *." (Emphasis added.)

Plaintiff concedes that when the statute was passed this meant "federal children"⁴ would be provided racially segregated schools in those states whose laws so provided. However, it contends that as State law changes, so does the meaning of the assurance. Since segregated education is no longer constitutional, it argues that State law must be construed as prohibiting racial segregation. From this, the argument runs, it follows that an assurance that school facilities will be made available to government children in accordance with State law means that they will be assigned to schools without regard to race or color.

Plaintiff asserts that "the sole legal issue in connection with the written assurance is whether the Louisiana law contemplates race as a factor in assignments."⁵ The Court cannot agree that this is the issue. Assuming, for the moment, that the law is as plaintiff contends, there still must be some basis for its bringing this action. That basis, it is asserted, is contractual. If this is so, then the issue is whether defendants by their assurances contracted to assign federal children to schools without regard to race.

No one seriously contends that defendants intentionally contracted to provide schools for federal children without regard to race. Nevertheless, plaintiff insists that the assurance must be so construed by the Court. Judge Butzner found the statute and the assurance to be "clear and unambiguous" and held for the plaintiff. Judge Mize also found "that the language of the statutory Assurances is unambiguous," but he held for the defendants. Three Federal Courts have interpreted the assurance provision with varying results and many attorneys have argued each side of the issue. Under these circumstances, this Court cannot say that the statutory assurance is so unambiguous that it needs no interpretation.⁶

To interpret an ambiguous contract the Court must resort to well accepted rules of construction and must consider all of the pertinent facts and circumstances which may cast light upon the true meaning of the contract. Since the assurance provisions are required by statute, that statute must be construed. First, we observe the purpose of the act containing the required assurances.⁷ Title 20 U.S.C. § 631 provides:

"The purpose of this chapter is to provide assistance for the construction of urgently needed minimum school facilities in school districts which have had substantial increases in school membership as a result of new or increased Federal activities. * * *"

The statute provides funds to cover part of the cost of educating federal children, and to ensure that the funds are utilized for this purpose, certain assurances are required from local school agencies. A very important assurance is that contained in 20 U.S.C. § 636(b) (1) (F) that "the school facilities of such agency will be available to the children for whose education contributions are provided * * *." (Emphasis added.) The emphasized language indicates the main thrust of the assurance. Conflict arises, however, over proper interpretation of the remainder of the assurance: "* * * in accordance with the laws of the State in which the school district of such agency is situated, as they are available to other children in such school district * * *."

All parties admit that when Congress enacted this statute it intended to provide contribution of funds for construction of schools even though segregated on the basis of race. It also is clear that even after the Supreme Court's decision of Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954), the act has been administered so that segregated schools freely could obtain construction funds. During all of this time substantially the same assurances were made. The Congressional Record indicates that, although bills were introduced in the 82nd, 83rd, 84th, 85th, 86th, and 87th Congress seeking to withhold funds from school agencies which segregated upon the basis of race, none of them passed.⁸

In the 87th Congress, second session, 1962, there also was introduced H.R. 10056, a bill to amend Public Laws 815 and 874 in order "* * * to deny payments to school districts which are not in compliance with constitutional requirements that public schools be operated on a racially nondiscriminatory basis." Honorable Burke Marshall, Assistant Attorney General, then and now, heading the Civil Rights Division of the Department of Justice, and testifying favorably to enactment of the bill, found it necessary to say (Hearings, pp. 601-602):

"* * * The apparent congressional purpose was to provide Federal funds for the education of the children of our military forces and related civilians even though the educational facilities used were racially segregated. In the light of the Supreme Court's school decisions it would be desirable for Congress to clarify its purpose. H.R. 10056 is best suited for that end." (Emphasis added.)

The bill did not pass.

In the present 88th Congress, now in session, the Administration has introduced the omnibus Civil Rights Bill of 1963 (S. 1731). Title VI of that bill reads as follows:

"Sec. 601. Notwithstanding any provision to the contrary in any law of the United States providing or authorizing direct or indirect financial assistance for or in connection with any program or activity by way of grant, contract, loan, insurance, guaranty, or otherwise, no such law shall be interpreted as requiring that such financial assistance shall be furnished in circumstances under which individuals participating in or benefitting from the program or activity are discriminated against on the ground of race, color, religion, or national origin or are denied participation or benefits therein on the ground of race, color, religion, or national origin. All contracts made in connection with any such program or activity shall contain such conditions as the President may prescribe for the purpose of assuring that there shall be no discrimination in employment by any contractor or subcontractor on the ground of race, color, religion, or national origin."

It likewise is common knowledge that in passing the 1957 and 1960 Civil Rights Acts Congress expressly refused to empower the Attorney General to bring suits in the name of the United States to vindicate Fourteenth Amendment Rights of persons, other than in the field of voting, wherein the Fifteenth Amendment expressly authorized Congress to legislate. Clearly, notwithstanding its protests to the contrary, the Government here is attempting to accomplish indirectly that which it cannot do directly, namely, to eliminate alleged discrimination against federal children on account...