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Mr. Charles C. Cohen-2 March 17, 1939

Acquiescence in these conditions was necessary in order to secure
six votes of the Board to suspend the rules and authorize the use of the
Central High School Auditorium for the Marian Anderson concert.

In view of these facts it is obvious that it was the expectation of the
Board that you would assent to these conditions which were agreed to and be-
came an essential part of the action of the Board in making it possible for
you to use the Central High School Auditorium. It is obvious therefore,
that your "acceptance" of the use of the Central High School Auditorium
[underlined]WITHOUT AGREEMENT TO THE CONDITIONS[end underline] was in reality not an acceptance but a
refusal.

As Superintendent of Schools, it is my duty and responsibility to
supervise the issuance of permits for the use of school buildings, in accord-
ance with the rules and regulations, orders, and instructions of the Board
of Education. I have no authority to issue a permit except on the basis of
the conditions set up by the Board.

In view of you declination to accept the conditions laid down by the
Board, under which it was understood such a permit would be issued, the
responsibilty for making Central High School Auditorium unavailable for
the concert of Miss Anderson on April 9, 1939 must be assumed by you and
your associates at Howard University.

Very sincerely yours,
(Signed) Frank W. Ballou
Superintendent of Schools

FWB:hh

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