Barbee, Lloyd A., 1925-2002.

Over half the collection is comprised of the Amos Case series and the Remand Trial series concerning the Milwaukee school desegregation case. The greatest amount of material consists of documentation collected and used by Barbee's staff and volunteers to prove the contention that Milwaukee school officials discriminated against black children. All of the research and much of the fund-raising was handled by MUSIC members, rather than the local NAACP. Marilyn Morheuser of MUSIC devised the research system to provide the statistical proof of intentional segregation of black students and teachers and discriminatory treatment of black students necessary for trial. The research also was to show that there were unequal educational opportunities for black students, and to show what were the effects of these actions by school officials. Two basic studies were undertaken beginning in 1965, one of student, teacher, and administrative assignment patterns and changes and one of pupil transfer policies. After preliminary work in public records, the researchers began data gathering in 1966. Researchers also made a systematic study of the black community in Milwaukee. From June 1967 through December 1969, a the New York chapter of the NAACP provided funds for staff, equipment, and supplies. Included in the collection are data gathered by researchers, and summary reports, charts, tables, and graphs in various stages of completion. In 1970, a computer study was undertaken using the data already gathered. This study covered assignment patterns and changes, building utilization, and black enrollment percentages from 1950 through 1968-1969. Data was gathered from such primary sources as blueprints, bussing contracts, records of state building code violations, boundary descriptions, principals reports, and other sources. Much of this data, as well as the summary computer output, is also in the collection. Further information on the research design can also be found in these files.

On microfilm are papers, 1946-1965, relating to Barbee's civil rights activities, including participation in Madison and state NAACP organizations, support of state fair housing and fair employment legislation, cooperation with the Governor's Commission on Human Rights, and service on the Madison Mayor's Commission on Human Rights, and on MUSIC. Included are correspondence, minutes, reports, ephemera, and other material. A third reel of microfilm contains papers, 1951-1962, pertaining to Barbee's activities as a member of the Madison Mayor's Commission on Human Rights, including correspondence, minutes, case reports, and other materials, with a folder of fair housing documents at the end of the film.

The 1990 additions to the Lloyd Barbee papers augment the documentation of the legal case of Craig Amos et al. vs. Board of School Directors of the City of Milwaukee and the subsequent Remand Trial. Records within the Amos Case and Remand Trial series in the original collection are primarily research files and documentation collected to build the case against the Milwaukee School Board. Most of the 1990 Additions consist of material actually used in the trial. The collection as a whole now offers thorough documentation of the legal battle to desegregate the Milwaukee Public School system and the many changes that took place in the Milwaukee Public school system during the period 1965 to 1980.

The 1990 additions consist of records from Lloyd Barbee and the legal firm of Charne and Associates which served as co-counsel for the plaintiffs. The additions have been divided into two major series, the Amos Case and Remand Trial. Because overlap exists between several files of the original collection. Like the original collection, the files are arranged alphabetically by subject. Some legal court records were present in the 1980 collection; these have now been incorporated into the 1990 Additions. However, the transcripts of testimony remain in the original collection.

Subdivisions within the Amos Case which need further explanation are the Legal Case, Research Design and Implementation, and the School Board Administration records.

Legal Case records constitute the largest portion of the additions and include files on Background, Correspondence, Exhibits, Fee, Legal records (pleadings), Research, and the Special Master.

The Background material provides a concise means to understand the case. Included in these files are the chronological file catalog, a daily account of events of the case from 1962 to 1979, and the court docket of the United States District Court in which the case was heard. This document provides dated entries for all motions, briefs, arguments, decisions, and orders of the court. In addition, there is a capsule summary prepared by Barbee which chronicles events of the action from 1962 to 1978.

Correspondence is both incoming and outgoing and primarily consists of two files: indexed correspondence with the court and public, and unindexed general correspondence. The indexed correspondence begins in 1976 with the court-ordered involvement of the Charne law firm as co-counsel for the plaintiffs. Correspondents here include all involved parties, the court, the Special Master, parents, community action groups, and the media. Unindexed correspondence begins in 1962 with Barbee's correspondence with the NAACP and the Milwaukee School Board and reflects his efforts to clarify issues and generate support for desegregation in Milwaukee. This file continues through 1980, and contains correspondence with the court, all involved parties, and the public.

The Exhibits consist of the evidence submitted to the court by both defendants and plaintiffs. Gaps exist in these files for both parties; however, the defendants' submissions are significantly more fragmentary. Lists in these files describe each exhibit in detail. Because many of the plaintiffs' exhibits were drawn from their research, some duplication occurs between these files and the research files of the original collection. This occurs in exhibits containing maps, photographs, and several other files. For example, there are a considerable number of photographs taken to show contrasts between black and white schools. Although many of these were ultimately used as exhibits in the trial, the photographs and corresponding descriptions will also be found under the file Buildings and Facilities in the original collection. No attempt was made to fill gaps in the exhibits by pulling material from the research files. In addition, these files contain Marilyn Morheuser's notes about gathering exhibits from the Milwaukee School Board Administration files.

The material regarding Fees is somewhat fragmentary for both plaintiffs and defendants. Defendants' statements of account describe on a daily basis services rendered and the charges incurred. Included in these files are Barbee's answers to inquiries, legislative hours, and work-fee ledgers. These ledgers were used as proof to counter the defendant's claim that excessive and inappropriate fees were being charged.

Legal records provide thorough documentation of the case from the original complaint filed in 1965 through the negotiated settlement and subsequent appeals in 1980. Contained here are the legal documents filed with the court by plaintiffs and defendants, including motions, briefs, findings, and orders of the court. This file is further divided by court (U.S. District Court, U.S. Seventh Circuit Court of Appeals, and the Supreme Court of the United States). Records of the individual courts are further divided into indexed and unindexed files. The unindexed pleadings fill gaps within the indexed pleadings and also contain drafts and revisions of the plaintiffs' legal records. Rather than divide the indexed pleadings into Amos Case and Remand Trial, it was decided to include all legal records in the Amos Case series.

Research is further divided into files of Case Law cited in Briefs, Related Cases, and Notes. The files of case law citations are alphabetically arranged and contain citations from the Federal Supplement, Federal Register, and the Supreme Court Register. The indexed file of Related Cases, which contains several gaps, includes notes, memoranda, articles, and pleadings from related desegregation cases which were used as background and source material. Notes, which are fragmentary as well, are arranged chronologically and include rough notes and memos on a variety of subjects. There are also rough drafts for court statements. Several files are undated.

Special Master files are subdivided alphabetically and include Court and Meeting notes, Hearings, Materials and Plans submitted to the Special Master, and Public Hearing notes. Court and Meeting notes and Public Hearing notes are both indexed and chronologically arranged files of notes of the Charne law firm. They contain notes of conferences, monitoring, settlement, and meeting with parent groups and the school board. The files of 1976 and 1977 Hearings consist of fragmentary exhibits, materials submitted to the Special Master, and Plans submitted to the Special Master. The Milwaukee School Board on several occasions was asked to submit material for review by the Special Master. This file reflects compliance with those requests. The Plans submitted to the Special Master are alphabetically arranged and indexed and consist of proposals by the public, community groups, and school administrators to desegregate the school system.

Research Design and Implementation is a file parallel to that found in the original collection. It contains material on the process of collecting data and implementation of the research. Some overlap occurs between material in this file and the categories of research which were investigated. The file consists of two parts; an early chart-analysis of school board policy which illustrates factors associated with causing segregation, and the results of the computer study, designed to show intentional segregation. This consists of printouts as well as information which interprets the codes. Further material on the computer study may be found in the Research Design file in the original collection.

The School Board and Administration file is an alphabetical arrangement similar to the file in the original collection. Material includes committee work, programs, and several integration plans from 1976 to 1978. Some additional plans will be found in the material submitted to the Special Master and in the section on Legal Records. Many School Board publications were separated from the collection, including the voluminous files of Board minutes. These are accessible through the Milwaukee Public Schools.

The Campaigns series documents Barbee's legislative races from 1964 to 1974. Included in the records are correspondence, campaign brochures and leaflets, financial records, nomination papers clippings, election results, and voter registration papers.

Barbee's Legislative and Subject Files are arranged in alphabetical order by topic, and contain correspondence sent and received by Barbee and others, clippings, committee files reflecting his active participation, legislative bills and joint resolutions, suggestions for drafting legislation; reports, reference materials, and some speeches. There are lengthy files illustrating Barbee's committee work, in particular as chairman of the Assembly Judiciary Committee. The files also show Barbee's association with a wide range of legal, professional, and human rights organizations. In Box 22 are several folders of "Comment," Barbee's newsletter, with mailing addresses and articles. There is also a folder of Barbee's FBI files. Much of this series deals with the various issues of national, state and local concern during Barbee's tenure in the Assembly, such as abortion, the state budget, the children's code, the Equal Rights Amendment, the legislative ethics code, gun control, health care, highway aid, housing, police, prisons, sex laws, Social Security, taxes, and the University of Wisconsin. Barbee's personal interests and those of his constituents are best illustrated in the files on black organizations, the Democratic Party, desegregation, discrimination, education, the Judicial Council, judicial reorganization, and the Judiciary Committee.

Records of Barbee's involvement with Milwaukee and statewide groups are found in the Organizations series. Noteworthy among the records are those of several Milwaukee civil rights groups, such as Milwaukee United School Integration Committee (MUSIC), with correspondence, the publication "Count down," financial records, membership lists, minutes, notes, petitions of Riverside High School parents, school desegregation clippings, statements and press releases, legal papers pertaining to Taylor vs. MUSIC, and other papers. Also included are records of Freedom Through Equality, Inc., for which there are agenda and minutes, applications and job descriptions, correspondence, financial and legal records, lists of officers and directors, notes, proposals, reports, and resolutions. There are also files concerning Milwaukee Legal Services, Inc., including articles of incorporation and by-laws, agenda and minutes, correspondence, financial records, and reports. For the National Association for the Advancement of Colored People there are files regarding its leadership training conferences, 1959-1965; national leadership conference; and conference records, correspondence, minutes and reports of board and executive board meetings, and records on Milwaukee school desegregation of the Wisconsin Conference of Branches. The NAACP records also include small files from the Benton Harbor, Michigan; LeMoyne College, Memphis; Madison; and Milwaukee branches. Other Milwaukee groups represented in this series include the Afro-Urban Institute, Committee of Concern, Milwaukee Afro-American Council, Milwaukee Commission on Human Rights, and Organization of Organizations. There are files regarding anti-discrimination in housing and landlord-tenant laws, the Committee on the State Bar of Wisconsin, the Governor's Commission on Human Rights, the Governor's Committee on the United Nations, the governor's Conference on Civil Rights, the Madison Mayor's Commission on Human Rights, and Wisconsin Citizens for Fair Housing.

The Personal Papers and Correspondence include letters to and from Barbee and his family and friends, beginning when he was a young man in Memphis. There is also some personal legislative and constituent correspondence in these files. Family members represented are Barbee's daughter, Daphne (whose writings and drawings are also included); his father, Earnest, whose file also includes letters from his other children and relatives; Barbee's sons, Finn and Rustam; his brother, Quinten; and his former wife, Roudaba. There are also files on Barbee's law practice.

The Remand Trial series, like the Amos Case series, contains material primarily related to the trial. The Legal Case is subdivided alphabetically into several files including Depositions, Exhibits, Research Settlement, and Trial notes.

Depositions include statements and exhibits of witnesses during both the intent and present effects portion of the trial. This file is quite complete, although some exhibits are missing. Depositions of witnesses are divided into the two parts of the retrial and are arranged chronologically thereunder. Further information relating to witnesses is contained in the section on segregation studies and in the section on exhibits.

Exhibits are somewhat fragmentary as in the Amos Case series. Lists are included which describe each exhibit. Some maps not marked as exhibits which may be relevant to this material may be found in the research/subject files portion of the collection.

The Research section includes a file on intact bussing as well as memoranda and notes concerning intent and present effects. Included are notes about exhibits, witnesses, and general research. Related Cases is a file similar to that found in the Amos Case series.

The files under Settlement contain correspondence and memoranda but primarily consist of the monitoring reports submitted by the school board to the U.S. District Court Magistrate. These reports show racial percentages to certify compliance with the negotiated settlement. The section of indexed Legal Records also contain some material on the settlement. The only file contained in Settlement with concerns the North Division matter are Exhibits and Miscellany. Missing from the collection are any official court notes or testimony.

Plaintiffs Trial notes for the Remand trial are very complete for both the Intent and Present Effects hearing. These notes, like the official transcripts found in the original collection, give detailed daily accounts of the proceedings at trial.

BIOGRAPHICAL NOTE: Lloyd Augustus Barbee was born August 17, 1925 in Memphis, Tennessee, to Earnest and Adlena (Gilliam) Barbee. At the age of 12, Barbee joined the National Association for the Advancement of Colored People, and remained involved with the organization through his college days. He attended Memphis grade and high schools, and received a B.A. in social sciences from LeMoyne College, Memphis, in 1949. He served in the U.S. Navy from 1943 to 1946.

Barbee first came to the University of Wisconsin in 1949 to attend law school on a scholarship, but dropped out after his first year, in part due to the racism he encountered in the professors and students alike. In 1951, he spent a short period as national field secretary for the student division of Americans for Democratic Action. Barbee later returned to school and earned a law certificate in 1955 and an LL.B. in 1956 from the University of Wisconsin Law School. He encountered obstacles in searching for a Madison law firm willing to accept a black lawyer for an internship, but was eventually successful. After his admittance to the bar, Barbee entered private law practice in Madison, Wisconsin, and in 1959 served as legal consultant to the Governor's Commission on Human Rights. From 1957 to 1962 Barbee was a Law Examiner for the Industrial Commission of Wisconsin, Unemployment Compensation Department, and during the same time period, acted as chairman of the Mayor's Commission on Human Rights in Madison. It was while working with the Commission on Human Rights that Barbee began his campaign for fair housing legislation. In 1961, Barbee led a 13 day sit-in on the ground floor of the Capitol in support of fair housing legislation. The following year Barbee had a dispute with the University of Wisconsin when it refused to release a film he had produced (with help from the University Extension) recording incidents of housing discrimination in Madison. He eventually was instrumental in the passage of a 1965 state fair housing act.

In September 1962 Barbee began his own law firm, Barbee and Jacobson (after 1976 known as Barbee and Goldberg), in Milwaukee, where he soon became involved in the school segregation dispute. Barbee was also a lecturer at the University of Wisconsin Law School, 1969-1973, and a member of Milwaukee Legal Services from 1973 to 1976.

From 1965 through 1976 Barbee represented the 18th Assembly District (formerly the 6th District, Milwaukee) in the Wisconsin State Assembly. In the Legislature, he was chairman of the Judiciary Committee (1973-1976) and of the Enrolled Bills Committee (1965-1966, 1971-1972), and a member of the Transportation, Joint Finance, and Commerce and Manufactures Committees, and of the Judicial Council and Board on Government Operations. As a legislator, Barbee often championed unpopular ideas and causes. He worked for prison and court reform, and authored numerous bills, many in support of the rights of blacks, women, gays, and other minorities. Barbee also was an early supporter of legalization of marijuana, abortion, prostitution, and polygamy; of drug use and sex between consenting partners without criminal sanctions; and of reparations for all Wisconsin blacks and native Americans.

Lloyd Barbee also held numerous community and civic offices; most of which were connected with civil rights, the National Association for the Advancement of Colored People (NAACP) and the Milwaukee United School Integration Committee (MUSIC). Barbee was president of the Madison NAACP branch, 1955-1960; Wisconsin NAACP conference president, 1961-1964, and vice-president, 1964-1966; vice-chairman of the national organization's Region III, 1963-1964; member of the Milwaukee Branch NAACP executive board 1967-1969; chairman of the Legal Redress and labor and Industry Committees; and delegate to NAACP meetings and conferences. He was a founder and long-time chairman of MUSIC, organized specifically to combat discrimination in the Milwaukee public schools. Barbee was president (1969-1973) of Freedom Through Equality, Inc., an organization established to reform laws detrimental to the poor, and was a member of the board of the E. B. Phillips Day Care Center, 1964-1966, and of We-Milwaukeeans. Barbee was also active in local and state Democratic politics. He was a delegate to the White House Conference "To Fulfill These Rights," 1968, and to the 1968 and 1972 Democratic National Conventions. He was a member of the steering committee for the National Black Political Convention, 1972; chairman of the Wisconsin Black Elected and Appointed Officials, 1971, of the Wisconsin Black Political Caucus, 1972, and of the Wisconsin Black lawyers Association, 1973; and member of the National Black Assembly, 1973-1974. He received the Outstanding Service Award from the National Association of Black Veterans (1972), the Humanitarian Award from Zero Population Growth (1973), and the First Annual Integration Award of the Wisconsin Civil Liberties Union (1976), in addition to many other community service related awards.

Barbee was a longtime advocate of total school integration and a leader in the struggle to desegregate Milwaukee public schools. From the mid-1960s, when he first organized and led boycotts to protest Milwaukee's de facto school segregation, Barbee maintained his support for integration. In 1965, Barbee filed a lawsuit on behalf of 41 parents of Milwaukee school children against the Milwaukee School Board, charging that the Board practiced and allowed discrimination in the public schools. Barbee retired from the legislature in 1977 to devote more time to the case, and continued as the attorney for the original plaintiffs until the 1979 out of court settlement with the School Board. After the completion of the lawsuit, Barbee continued his private practice and taught in the Afro-American studies department at the University of Milwaukee (1976-1988).

In 1954 Barbee married Roudaba Bunting (whose later married names were Lau and Davido). Barbee adopted his wife's son by a previous marriage, Finn Thatcher (1952- ), and the couple were the parents of Daphne Eurydice (1955- ) and Rustam Aaron (1957- ). Lloyd and Roudaba Barbee were divorced in 1960. Lloyd Barbee passed away on December 29, 2002.

The Milwaukee School Desegregation Case

The Milwaukee school desegregation case, Amos, et al. vs. Board of School Directors of the City of Milwaukee, had its legal beginnings in 1965, when the parents of 32 black and 9 white Milwaukee school children filed suit in federal court against the Milwaukee School Board. However, parents, members of the black community, and black leaders had protested the School Board's policies of segregation for many years. In 1963, Lloyd Barbee, as state president of the NAACP, first contacted the Wisconsin State Superintendent of Public Instruction to request an order eliminating de facto school segregation in the state. The State Superintendent of Public Instruction, Angus B. Rothwell, responded that proof of illegal segregation in Milwaukee was necessary before he could act. After his investigation, Rothwell reported to Barbee on September 5, 1963, that he found no evidence of intentional segregation by Milwaukee school officials, and that the situation in Milwaukee was the result of residential settlement patterns. Rothwell also noted that the placement of pupils or alteration of boundary lines to change the racial make-up of schools might be a violation of Wisconsin law.

In December of that year, Milwaukee school officials announced that a census of school children would be taken to determine the number of non-whites in each school. Not satisfied with the School Board's response, the state NAACP executive board voted to conduct a school boycott if the Milwaukee School Board failed to grant sufficient relief. Demonstrations soon began against busing practices which enforced segregation.

On March 1, 1964, the Milwaukee United School Integration Committee was formed with Barbee as chairman, to coordinate all mass action on the school segregation issue. Original organizers included local and state NAACP leaders, Congress of Racial Equality members, and others; many other groups later became members of MUSIC. Later that month MUSIC leaders toured Roosevelt and Wilbur Wright Junior high schools to investigate alleged inequities in textbooks, classroom and shop equipment, and library facilities, and to see the paddles used to punish students at Roosevelt (an almost all-Negro school). In response, MUSIC organized a mass withdrawal or boycott of children from Milwaukee schools to begin May 18, 1964 and established freedom schools for the boycotting children. Throughout the rest of the 1964 and the 1965 school years, MUSIC and other civil rights groups continued to pressure the Milwaukee school officials. A second boycott took place in October 1965. Barbee filed suit for the parents of the 41 children to force the Milwaukee School Board to end its segregation policies. The lawsuit was the first of its kind in the country which included parents of white children among the plaintiffs. The plaintiff Milwaukee school children represented all others in the city, while the defendants were members of the School Board and the school superintendent. Lloyd Barbee was one of six lawyers initially involved with the lawsuit. The lawsuit alleged that school authorities maintained or fostered segregation in the school system by establishing school boundary lines based on segregated housing patterns; by permitting the easy transfer of white pupils to other schools, while assigning black students to racially segregated schools; by assigning black teachers and staff to segregated schools; by approving plans for construction of two schools that were to be predominantly black; and by failing to integrate inner core area students transferred by bus from their own to another school. Of particular concern to parents and the black community was this "intact bussing" of black students from overcrowded schools or schools undergoing construction and renovation. With "intact bussing," entire classes of black students were bussed to other schools (usually white), where the classes were kept together and separate from white students. In many cases, students who were bussed were returned to their home school for lunch even when lunch facilities were available in the host schools. The practice of "intact busing" continued until 1971.

The plaintiffs sought injunctions against school officials, asked that the officials submit a plan for school desegregation, redraw school boundary lines, and construct new schools to promote integration. In their complaint, the plaintiffs cited 14 of the 21 elementary schools in the inner core area with black enrollments exceeding 90%, 6 with black enrollments over 50% and one over 40%. Similar patterns for inner core junior and senior high schools were indicated, while of the 120 schools outside of the inner core area, 106 had fewer than 10% black students in the student body.

An amended complaint was filed in 1968, adding new plaintiffs. During the intervening years, the attorneys for the plaintiffs conducted a massive research project to document their claims. The trial began in the fall of 1973, with final arguments filed in 1974.

On January 19, 1976, Federal District Judge John Reynolds ruled that the Milwaukee Public Schools were illegally segregated in violation of the Fourteenth Amendment rights of the students, and ordered the Milwaukee Board of School Directors to take immediate steps to desegregate the public schools. In his ruling, the judge reviewed School Board decisions from 1950 to 1974 in the areas of school construction and siting, the use of substandard classrooms, bussing programs, student transfers, and personnel practices, and determined that the School Board's policies intended to keep students in the schools segregated by race. The Court found that school buildings used mostly for black students were older than those for white students and were overcrowded. It also found that the School Board had decided to build additions to existing schools in predominantly black areas, rather than to reassign students or redraw district boundary lines to solve overcrowding. At the same time, the School Board was found to have allowed boundary changes to permit white students to attend white schools rather than black schools.

The Court also studied the use of "intact busing," and found that the supposedly temporary practice had been used in several black elementary schools for years. Regarding student transfers, Judge Reynolds found that the school system's Open Transfer Policy was used by white students to transfer out of schools with increasing black populations, while black students were not allowed to transfer to white schools, thus playing "a significant part in producing racial imbalance at the secondary school level." The transfer policies had resulted in increasing proportions of black students at King High School, North Division High School, Fulton Junior High School, Roosevelt Junior High School, Wells Junior High School, Berger Elementary School, 4th Street Elementary School, and Keefe Elementary School. The judge also found that the School Board expended more money per pupil in white schools and that teachers in white school had more experience than those in black schools, where the rate of teacher transfer was much greater.

The judge did not order bussing or the use of racial quotas, nor did he set deadlines for implementation of desegregation. Rather, he set up a three-year desegregation plan under Special Master John Gronouski, to begin in the fall of 1976. The plan was to be based on the "magnet school" concept.

In 1976, the name of the case was changed to Armstrong vs. O'Connell, reflecting the fact that all of the Amos children had graduated from the public schools by this time.

The majority of the school board, which had consistently opposed nearly all previous efforts to desegregate the schools, successfully appealed Reynold's decision to the U.S. Supreme Court. In January 1978 the U.S. Supreme Court set aside Reynolds' decision, and remanded the case to the district court for reconsideration (in light of the Supreme Court decision of Village of Arlington Heights v. Metropolitan Housing Development Corp. and Dayton Board of Education v. Brinkman). The Supreme Court held that more evidence was needed to prove intent, particularly in regard to intact busing. The district court was asked to determine whether the school board had administered the school system with "an intent to segregate" and if so, what "present effects" had resulted from such segregation. At the remand trial (retrial), Barbee and other lawyers brought more evidence of the existence of intact bussing, relying heavily on the testimony of former School Board member John Stocking. For this phase of the case, the lawyers did not gather more evidence, rather they tried to show the School Board's intention and liability and the present effects of segregation and to offer a remedy. Reynolds heard testimony in 1978 and then ruled in February 1979 that the School Board had administered the system with intent to segregate since 1950. He also ruled that the present effects were systemwide.

On March 1, 1979, plaintiffs and defendants agreed upon a settlement which called for a 5-year desegregation plan, allowing about 20 all-black schools to remain, but no all-white schools. The plaintiffs and School Board (with its black members dissenting) approved the plan, and in May 1979 it was accepted by Judge Reynolds. The NAACP appealed the desegregation order in June on the basis that it discriminated against and violated the rights of black students who were forced to remain in all-black schools. Some matters such as how to assign teachers equally by race remained unresolved, and the matter of whether to force racial balance at North Division High School remained on the court docket until 1980. By 1981 critics of Milwaukee school integration noted that the desegregation scheme still left suburban schools without many minority students, while mainly black students were bussed to school.

The following is an outline of proof needed to show that the School Board's activities were illegal, drawn up by the lawyers for the plaintiffs, and which provided a focus for the research and search for evidence during the initial phase of the case.

Outline of Proof for Trial

A. Facts of Segregation
	I. Black Enrollment
	II. Black Teachers
B. Three Points of Proof
	I. Intent

A. Staff Assignment

1. Teachers

	a. Transfers and Assignment--School Location and Home Address
	b. Teacher Transfer Requests
	c. Substitute Assignments
	d. Administrative Promotions

B. Student Assignments

1. Computer Study

	a. Effects of Relief for Overcrowding
	b. Trigger Point for Relief
	c. Black Enrollment Percentages
	d. 50-100% Black School Relief Analysis
	e. Percentage of Overcrowding
	f. Average Percentage of Capacity
	g. Transfer Balance and Mobility Index
	h. Integrated and Segregated Bussing
	i. Racial Assignments of Bused Children
	j. Racial Effects of Boundary Changes
	k. School Size
	l. Classroom Use and Availability

2. Transfers

	a. Racist
	b. Policy Violations
	c. White Granted/Black Denied and Discouraged

3. Boundaries

	a. District Changes
	b. Feeder Pattern Changes
	c. School Capacities
	d. School Organization
	e. Race Changes

4. Buildings

	a. Site Selection
	b. New Schools
	c. Additions
	d. Government Collusion in Segregation

5. Busing

	a. Intact
	b. Area
	c. Special Education--Difference by Race

6. Racial Awareness and Reaction to the Community

	a. Equality Committee
	b. Contrast--Reaction to White Petitions

7. Treatment of Minority Groups in Texts and Courses

	a. Textbooks, Rules, etc.
	b. Analysis of Textbooks

8. Government Collusion in Segregated Housing and Schools

C. Administrators

1. School Level

	a. Assistant Principals
	b. Guidelines
	c. Release Time

	2. Board Level
	3. Faculty Program and Needs

	a. Teacher-Intern Program
	b. Teacher Aid Program
	c. Teacher Hiring and Firing

	D. Non-Certified Staff: Social Workers, Recreational Clerical
	E. Special Studies Program

1. The Inner Core as an Entity

	a. North Subsystem
	b. Great Cities Program
	c. Immigrant Program
	d. O'Reilly Study
	e. Housing Study
	f. Civil Rights Commission Report
	g. Others

2. Decisions Made on the Basis of Race

	a. Separate Programs
	b. Compensatory Education

3. Median Income

II. Separate and Unequal (Rothwell Report)

A.Curriculum and Program Differences

	1. Course Offerings Differences--High School
	2. Reading Centers
	3. Evidence of Track System

	a. S.A.C.
	b. Special C
	c. Other Evidence

	4. Unavailable Scores
	5. Boys Tech
	6. Departmentalization of Elementary Schools
	7. Special Education
	8. Summer School Offerings
	9. Kindergarten and Headstart
	10. Extra-Curricular Differences

B. Recreational Program

	1. Number and Location of Centers
	2. Program Differences

	C. Lunch Program
	D. Staff Experience and Qualifications

	1. Teacher Experience
	2. Probationary Principals and Administrators
	3. Substitutes
	4. Counselors (Psychologists, Welfare, and Guidance)

	a. Number Per Pupil (Location and Federal)
	b. Experience
	c. Attitudes

5. Psychologists Per Unit

	a. Number Per Pupil
	b. Experience
	c. Attitude

E. Expenditures and Funds Allocated Per Pupil

1. Building

	a. Construction--New Buildings, Additions, Modifications, Original Cost
	b. Repair and Maintenance, Including Heat

	2. Facilities and Equipment
	3. Books and Supplies
	4. Teacher Salaries

	a. Local
	b. Federal

F. Schools

	1. Ages
	2. Size
	3. Playground Acreage
	4. Substandard Rooms
	5. Pictures

G. Unequal Treatment of Pupils and Parents (Administrative Discipline)

	1. Expulsions
	2. Suspensions

	a. Number
	b. Number Voluntarily Excluded
	c. Reasons

	3. Exclusions with Parental Agreement
	4. Withdrawals
	5. Transfer to MVS
	6. Beatings
	7. Administrative Transfers
	8. Witnesses
	9 Supervision

H. City/Suburban Schools

1. Comparisons with Selected Districts

	a. Enrollment by Race
	b. Per Pupil Expenditures
	c. Mean Reading Achievement
	d. Mean Scores on National Exam
	e. Salaries
	f. Per Pupil Ratio
	g. Private and Parochial Schools

III. Effects

	A. Test Results and Scores
	B. Percent of Failure
	C. Student Reaction--Transfer Mobility Index (Tardiness, Absences, Truancies, Window Breaking, Assaults on Teachers, Drop-Outs)
	D. Employment

	1. Trades
	2. Professions
	3. White-Collar Jobs
	4. Percent Unemployment

E. Economic Effects

	1. Level of Income
	2. Home Ownership
	3. Housing Choices

IV. School Board and Administration

	A. Board Rules
	B. Board and Administrative Organization
	C. Attitudes and Intransigence
	D. Special Committee on Equality of Educational Opportunity

1. Golightly's 10 Suggestions

	a. Open Enrollment
	b. Rezoning
	c. Rematching
	d. Recombination
	e. School Spotting
	f. Employment and Assignment
	g. Bus Transportation
	h. Free Transportation
	i. Pupil Transportation
	j. Redefined High School Functions

2. Staff Booklets and Pamphlets

	V. Experts
	VI. Clippings
	VII. Plaintiff's Proposed Exhibits

ARRANGEMENT: Boxes 84 to 87 were removed from the 1982 Accession and added to the 1990 Additions.

COLLECTION CITATION: This collection should be cited as:

Barbee, Lloyd A., 1925-2002. Papers, 1933-1982. Milwaukee Manuscript Collection 16 and Milwaukee Micro Collection 42. Wisconsin Historical Society. Milwaukee Area Research Center. UWM Libraries. University of Wisconsin--Milwaukee.

RELATED COLLECTIONS:

Duncan Group, Inc. Through One City's Eyes interview transcripts, 1998-1999. (Milwaukee Manuscript Collection 202)

Milwaukee United School Integration Committee. Records, 1964-1966. (Milwaukee Manuscript Collection 5)

Milwaukee (Wis.). Mayor. Records of the Henry W. Maier administration, 1960-1988. (Milwaukee Series 44) 

National Association for the Advancement of Colored People. Milwaukee Branch. Records, 1917-1989. (Milwaukee Manuscript Collection EP)

WUWM (Radio station : Milwaukee, Wis.). Records, 1951-1989. (UWM Archival Collection 2)

ACQUISITION: Presented and loaned for microfilming by Lloyd A. Barbee of Milwaukee, Wisconsin from 1963-1987 (accession numbers M63-261, M65-24, M65-55, M66-26, M67-26.1, M67-96, M67-96.1, M67-96.2, M68-17, M68-323, M69-200, M69-257, M69-393, M69-401, M71-191, M71-395, M72-47, M72-202, M75-77, M76-186, M76-366, M76-370, M76-408, M76-410, M76-415, M76-419, M76-440, M76-517, M76-552, M77-1, M77-133, M77-504, M78-10, M78-155, M78-174, M79-374, M79-414, M79-508, M81-426, M81-581, M81-646, M82-202, M82-219, M84-269, M84-10, M81-588, and M87-239).

PROCESSING: Processed by Christine Rongone, Sarah Cooper, Susan Steinwell, Christian Frazza, and Menzi Behrnd-Klodt in 1982. 1990 Additions processed by Andrew W. Kraushaar.

MARC RECORD SEARCH TERMS: The following search terms were used in the online bibliographic MARC record to this collection:

• Abortion--Law and legislation--Wisconsin.
• African Americans--Civil rights--Wisconsin--Milwaukee.
• Afro-Americans--Education--Wisconsin--Milwaukee.
• Afro-Americans--Housing--Wisconsin--Milwaukee.
• Capital punishment--Law and legislation--Wisconsin.
• Courts--Wisconsin.
• Craig, Amos.
• De facto school segregation--Wisconsin--Milwaukee.
• Democratic Party (Wis.).
• Education--Wisconsin--Milwaukee--History--Sources.
• Kassner, Ada.
• Lawyers--Wisconsin--Milwaukee.
• Legislators--Wisconsin--Milwaukee.
• Medical care--Law and legislation--Wisconsin.
• Milwaukee (Wis.). Board of School Directors.
• Milwaukee (Wis.)--History--Sources.
• Prisons--Law and legislation--Wisconsin.
• School integration--Wisconsin--Milwaukee.