We have also heard much complaining by the leaders

We have also heard much complaining by the leaders of this State on the subject of bureaucracy, its high cost, its inefficiency and its many evils. Again they hate much on their side- But these complaints do not seem to embrace the Pupil Placement Board which is about as glaring an example of bureaucratic inefficiency as can be found- Is -there any leader of thus State or citizen who thinks that the few persons assigned to this Board can efficiently and intelligently process the many thousands of applications which must be" filed simply to transact the normal business of education in this State?’

But to my mind the worst feature of this whole thing is that the elected leaders of the State are not keeping faith with its people. They asked for a mandae from the voters to support the Gary Commission proposals. They received that mandate and then disregarded it at will. They are encouraging citizens who sincerely want to maintain a segregated school system to believe that they are taking effective steps

to mainain it. The trutl^is that they are not and they know it..There <is not a responsible leader in the State who does not know now, and did not know when it was passed, that the Pupil Placement Law would be thrown out of court the first time it was reviewed. They have told the voters that by the creation of a State, rather than a local, Pupil Placement Board, this agency will be beyond the reach of the Federal Courts. This is not so and there is ample precedent in law* to show that it is not so. I offer one quotation from an opinion of Judge Parker, Chief Judge of the 4th Circuit Court, dated Dec. 31, 19 6- “It is argued that the doctrine (that the State can protect one of its officers from responsibility o he supreme authority of the United States) thus laid down must be confined to individuals and may not be applied to corporate agencies of the state such as school boards. We see no ground for such a distinction. If high officials of the State and of the Federal Gvemment may be restrained and enjoyned from unconstitutional action, we see no reason why a school board should be exempt from such suit merely because it has been given corporate powers. A state can act only through agents; and whetner the agent be an individual officer or a corporate agency, it ceases to igepresent the state when it attempts tc use state power in violation of the Constitution and may be enjoined from such unconstitutional action.”

I will file an application as the law requires. But I am not willing to condone by silence an action of this State Government which is based on deceit and which encourages people to believe that the rights of the citizens of this country guaranteed by the Constitution can be violated by subterfuge.

Yours very truly,

(Signed) John R. Frizzell, Jr.