council adopted an ordinance restricting its use to "present holders of library cards," and temporarily barring further issuance of library cards.13

Negro plaintiffs filed a suit in a Federal district court, and on May 6, 1960, the City of Danville was enjoined from refusing use of the main library to Negro card holders. However, the court suspended the execution of the injunction for 10 days to give the city time to appeal to a higher court." Before the effective date of the injunction, the City Council again closed the library.

Even staunch segregationists who had fought desegregation of public schools opposed this action. An editorial in the Richmond News Leader on May 31, 1960, entitled "Segregated Libraries Are Absurd" commented: 15

In Danville and elsewhere, the fairly incredible view is being expounded that it would be better to close the libraries than to admit Negroes to them. Such a position is simply absurd . . . a library is something special. The treasures a good library can make available do not belong to a community except in a narrow and legalistic sense; the accumulated inheritance of the mind. belongs to mankind. To deny Negro citizens free and equal access to books is an indefensible act of discrimination. The City of Richmond recognized this more than 15 years ago, and never has had reason to regret the policy that now admits both races to our Library freely. We hope Danville will consider this course.

But when the Danville City Council referred the matter to the people through an advisory referendum, the majority in favor of closing was almost 2 to 1. 16

The City Council then decided to allow time for a newly chartered "Danville Library Foundation" " to pursue its plans before making any final decision concerning the public library's services.18 Citizens filed petitions asking that the library be reopened. On September 12 the Council reopened the library on a 90-day trial basis, but all chairs and tables had been removed from the reading room and new rules fixed the cost of a library card at $2.50. Each application for a library card then required, among other things, two character and two credit references. 19

The City Council's solution-the "vertical library”—was sustained by a Federal district court,20 and received support from the local Danville press, which compared the library service to a supermarket wherein "southerners have traditionally shopped with Negroes." 21 It was severely criticized by the Library Journal, under the title "The Danville Story, Open Again But Not An 'Open' Library."

22

Recently, Danville lost a new plant important to its growing economy; the closed library is considered a factor in why the industry chose to locate elsewhere. City councilman Charles A. Womack cited the loss of the plant when he and four other Council members voted to reopen the libraries on a 90-day trial basis.

The Library Journal also had something to say about the extraordinary library card fee and the references required for application. The article concluded with the following comment: 23

[T]hose who voted for the reopening did so for what is, in our opinion, a wrong reason. Expediency rather than a belief in human rights and equality of opportunity appeared to govern their actions. And although the libraries are now open the battle is far from over.

The 90-day compromise is due to end on December 11. We shall look forward with keen anticipation to the outcome, and hope that a further step into the dark ages will not be taken.

At the conclusion of the trial period the Danville public libraries were finally reopened on a more liberal basis-with single tables and chairs "well spread out" in the reading room to permit sit-down, instead of vertical, browsing."

24

Six months later the Danville library service was "gradually returning to normalcy" but with only about two-thirds of its former patronage. Membership at the white and Negro branches in early June 1961 was about 6,000 as compared with the earlier combined enrollment of 10,000. Only a small number of Negroes have applied for cards at the formerly all-white main library.2

25

After the desegregation of Danville's library, Petersburg, located in Virginia's Black Belt, was the only Virginia city of any size maintaining segregated public library facilities.26 Petersburg's city library experienced its first sit-down demonstration on February 27, 1960. A few days later the City Council enacted an ordinance forbidding trespass on property owned or operated by the city under penalty of a year in jail and $1,000 fine.27 On March 7, 11 students tested the law by entering the white section of the library, were arrested and subsequently convicted. Appeal was filed and simultaneously a suit was brought in a Federal court seeking an end to the Petersburg library's segregation.28

City officials claimed that the library was segregated because the woman who gave the property to the city in 1923 so stipulated in the deed. The city argued that if the conditions of the deed were not fulfilled, title to the property would revert to the estate. (The donor's heir and only surviving daughter contended that her mother did not intend for the city to operate a segregated library.29) Then on July 6,

three Negro students from Virginia State College requested service in a section reserved for whites; whereupon the city manager closed the library until court determination of the validity of the restrictive provisions of the deed.30

The cases of the 11 sit-down students who, after conviction, had appealed to the Petersburg Hustings Court, were dismissed. And while the suit to desegregate the library was pending in the Federal court, the Council, in a surprise move, voted unanimously to reopen the public library on a desegregated basis.31

In Lenoir, North Carolina, six Negro pupils who sought to use the all-white Caldwell County Library met no opposition.32

RURAL LIBRARIES

83

As indicated in Part III of this report, a 1960 field survey conducted by Commission investigators in 21 selected Black Belt counties 33 located in 9 Southern States showed that 5 of them, each with a Negro population ranging from 50 to 71 percent, maintain no libraries at all. One of these, in cooperation with 2 adjoining counties, has separate bookmobile service for each race. Twelve of the remaining 17 Black Belt counties surveyed (located in Mississippi, Georgia, Alabama, South Carolina and Tennessee) have libraries only for whites-in some cases 2 per county. In the other 5 counties separate libraries are maintained for whites and Negroes but the Negro branches have only about half as many books as the white branch and are open fewer hours-from 9 to 18 per week, as compared with 27 to 40.35

36

The Commission's survey of public libraries in Southern rural communities participating in the Federal Library Services (LSA) program, discussed below, revealed that among these 21 Black Belt counties, 6 were serviced by regional libraries which participate in the program. Three are in Georgia, 1 in North Carolina and 2 in Mississippi.

Among the Georgia counties 1 had no library at all but was serviced by 2 segregated bookmobiles, another had a white only library and no service for Negroes; the third had a white only library and 2 segregated bookmobiles.

The 2 Black Belt counties in Mississippi that are serviced by an LSA regional library had 1 and 2 libraries respectively for whites, and none for Negroes. The North Carolina Black Belt county serviced by a regional library, has segregated branches for whites and Negroes. The Commission's questionnaire completed by regional library officials indicates that reference books at each white branch are approximately 550, at each Negro branch approximately 200; that circulating books

at the white branches are about 20,000, at the Negro about 1,500. Weekly hours of service were reported to be about 22 at the white and 13 at the Negro branches.

One Mississippi Black Belt county library directly participating in the LSA program declined, as did all other Mississippi public libraries, to answer the Commission questionnaire." The field survey in that county, however, indicated that it maintains only one library, and that for the exclusive use of white patrons.

LIBRARY SERVICES ACT

38

On June 19, 1956 Congress enacted the Library Services Act, which provided for grants-in-aid to the States to promote the development of free public library services in rural areas. This was an important chapter in the history of public education. Rural areas were defined in the law as communities having a population of 10,000 or less. Each year for 5 years $40,000 were to be allotted to each State plus "such part of the remainder as the rural population of the State bears to the rural population of the United States" as of the last census. These Federal funds were to be matched by State funds on a per capita income ratio basis.

Thus the program was to be a joint venture of the State and Federal Governments. Payments were to be made to States which would submit to the United States Commissioner of Education "State plans for the further extension of public library services to rural areas without such services or with inadequate services." 39 The statutory conditions for approval of a plan were that it be administered by the State library administrative agency; that proper guarantees be given by the State treasurer that public funds would be expended only for the purposes for which they were paid; that the State library administrative agency certify that in its judgment the policies and methods of administration would assure the use of funds to maximum advantage for the program's purposes; and 40

..

that any library services furnished under the plan shall be made available free of charge under regulations prescribed by the State library administrative agency.

Administrative freedom was explicitly left to the States:

41

The provisions of this chapter shall not be so construed as to interfere with State and local initiative and responsibility in the

conduct of public library services. The administration of public libraries, the selection of personnel and library books and materials, and, insofar as consistent with the purposes of this Chapter, the determination of the best uses of the funds provided under this Chapter shall be reserved to the States and their local subdivisions. . .

... The determination of whether library services are inadequate in any area within any State shall be made by the State library administrative agency of such State.

A provision of the act, however, empowered the Commissioner of Education to withhold any payment of funds: *2

... if the Commissioner finds after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this Chapter, that the State plan has been so changed that it no longer complies with the requirements of this Chapter or that in the administration of the plan there is a failure to comply substantially with the provisions required to be included in the plan.

Judicial review by a Federal district court was provided in event of withholding of the funds.43

The term "public library" is clearly defined by the act: "

The term 'public library' means a library that serves free all residents of a community, district, or region, and receives its financial support in whole or in part from public funds;

Under the regulations issued by the Department of Health, Education, and Welfare for the implementation of the Act the term "public library services" is defined as 45

library services which are provided free to all residents of a community, district, county or region, and are financially supported in whole or in part from public funds. Generally such term would not include services provided by libraries which are organized to serve a special clientele or purpose such as law, medical, and school libraries.

Under the term "services" the regulations provide:

46

The State plan shall provide that any services furnished under the plan shall be made available free of charge under regulations prescribed by the State library administrative agency.