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The Newberry Sun, Newberry, S. C., Thursday, June 26, 1969 — PAGE 5 DONNA SMITH celebrated her fourth birthday on Saturday, June 21. She is the daughter of Mr. and Mrs. Carl Smith of Houston, Texas, former residents of Newberry. Donna has a brother, Kenneth, nine years old. She is the granddaughter of Mr. and Mrs. Robert Moore of Prosperity and Mr. and Mrs. E. K. Smith, of Newberry, S. C. Court asked to end ‘Racial’ school system The U. S District Court for the District of South Carolina Defendants in the action are District, Supt. James D. Brown, has been asked to order New berry County School District to eliminate a dual school system set up along racial lines. A complaint filed with the Court by a group of Negro cit izens including school students and their parents asked that the Court order the district to stop operating a racial school sys tem, or to submit an alternate plan which assigns students and faculty on a non-racial basis. The school district was given 20 days in which to file its Ans wer to the Complaint filed by the Rev. David Carter and about a dozen Negro school children and their parents, the Newberry County School District Board chairman Ed Young and individual members of the Board. The Plaintiffs allege that the district, acting under color of S. C. law, have and are pursuing a policy and practice of oper ating a school system on a rac ially segregated basis which, the Complaint alleges, violates fed eral constitutional principles. The district operated under a freedom of choice plan which the plaintiffs said admitted only a few Negro children to white schools and kept the district district “for all practical pur poses racially segregated”. Prior to the 1968-69 school year, the plaintiffs allege, the district adopted a plan of en rollment, assignment and at tendance which would have re quired a greater degree of de- NOTICE TO CREDITORS All persons having claims against the estate of John 0. Counts deceased, are hereby notified to file the same, duly verified with the undersigned, and those indebted to said es tate will please make payment likewise. CAMILLA W. COUNTS Eureka Street Prosperity, S. C. Executrix June 12, 1969 9—3t segregation than the freedom of choice accomplished. The plan was in compliance with directives of the U. S. De partment of Health, Education and Welfare. However, because opposition “by some persons within and outside the area of the school district”, the district abandoned that plan. The plaintiffs maintain that the current plan for operating the schools is “inadequate and a constitutionally ineffectual re medy for the removal of the bi- racial character of the school system. The plaintiffs maintain they are injured by the policy of as signing faculty, personnel and students on the basis of race and color. They seek a court decree to end the dual system and the assignment of faculty on a non racial basis. As an alternative, the plain tiffs ask the Court to direct the school district to present a com plete plan within a time deter mined by the court for reorgan ization of the school district into a “unitary, non-racial system” Attendance area lines on a non- racial basis to achieve desegre gation was suggested. The Court was asked to retain jurisdiction pending court appro val and full and complete im plementation of the plan. H. W. Sandel dies at age 73 Herman W. Sandel, 73, died Friday afternoon at the Veter ans Administration hospital in Columbia. Mr. Sandel was born and rear ed in Lexington County and was the son of the late J. U. and Willie Slice Sandel. For a num ber of years he had made his home in Little Mountain, and was a member of Mt. Olivet Lutheran Church. He was a re tired farmer, construction em ployee and truck operator for the Borden Co. He was a vet eran of World War I. He is survived by his wife, Mrs. Frances Sites Sandel, Lit tle Mountain; one son, J. C. Sandel Little Mountain; one daughter, Mrs. J. R. Bouknight, Irmo; two brothers, Houck San del Little Mountain, Loy Sandel, Chapin; two sisters, Mrs. Glenn S. Eckard, Spindale, N. C., Mrs. Lester 0. Roof, Concord, N C., and six grandchildren. Funeral services were held Sunday afternoon from Mt Oli vet Lutheran Church with Rev. William B. Kyzer conducting. Interment was in the church cemetery. Mrs. Mildred Glymph has moved to 719 Caldwell Street to make her home. Mr. and Mrs. Larry Coch- croft have moved to 1201 First Street in the house they recent ly bought. Notice The Newberry County Courthouse will be closed for July 4 and July 5 WANTED A male Clerk to the Newberry Coun ty Board of Commissioners effective July 1, 1969. All applicants interested, please submit letters giving experience and qualifications to the Newberry Coun ty Board of Commissioners, New berry, South Carolina. < We want everybody to enjoy a vacation. 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