Black Scout Case Ends in Accord

A suit claiming discrimination against blacks by the Boy Scouts of America was discmissed Wednesday in federal court.

The dismissal came after all parties to th esuit--the Boy Scouts, the National Association for the Advancement of Colored People (NAACP) and the 12-year-old black boys and their guardians--signed an agreement stating the alleged discrimination "has been discontinued."

Defendants in the suit filed in the court of Judge Willis W. Ritter, U.S. District Court for Utah, were teh Boy Scouts National Council, and Troop 58 of the Great Salt Lake Council.

Plaintiffs Satisfied

"Plaintiffs are satisfied that the racially discriminatory conduct alleged in the complaint on file has been discontinued," the agreement says, "and that so long as the commitments of the Boy Scouts and teh Church of Jesus Christ of Latter-day Saints (listed in this agreement) are honored, the conduct is not likely to resume." The suit charged that a former LDS Church policy of reserving the top leadership position in Scout troops for priesthood bearers discrimnated against blacks since they cannot hold the church priesthood.

Since the suit was filed in July, the LDS church has modified the policy, asying that the top position could now go to non-church members if they are qualified. The church was never a defendant in the case.

No Knowledge

The agreement says the defendants in the case "had no knowledge of teh alleged discriminatory applicaiton of" the church's program before May 1, 1974.

Restraining Order

The defendants, in an answer to the complaint, denied the allegations and asked the case be dismissed. A temporary restraining order was issued in the case by Judge Ritter after attorneys for both sides agreed to the issuance.

After the restraining order was issued, which was to last through trial, the agreement says the National Council of the Boy Scouts advised all Boy Scout councils in the region "of its intention to take whatever action might be necesary to secure compliance" by the Scount units with the court order, "including disenfranchisement of any sponsoring organization," the agreement says.

Letter to Church

The official position of the Boy Scouts was contained in a letter written to the LDS Church Oct 25 of this year, the agreement adds. The letter, signed by Chief Scout Executive Alden G. Barber says the official position of the Boy Scouts of America "that both membership in scouting and advancement and achievement of leadership in Scout units are open to all boys without regard to race or ethnic background and that advancement and achievement of leadership in scouting is based entirely upon individual merit."

On October [illegible], Victor L. Brown presiding bishop of the LDS Church, whose office is in charge of youth programs, said in a letter to Mr. Barber that "this will confirm to you that the Church of Jesus Christ of Latter-day Saints is now in compliance with that policy and that so long as the church is the sponsoring organization of the Boy Scouts it will adhere to that policy."

Scouts Agree

The Scouts agree, the document says, that regional subdivisions, individual scout units, and sponsoring organizations will not maintain any policy "practice, custom or usage of withholding, denying attempting to withold [sic] or deny or depriving or otherwise interfering with the rights of any Scout to admission to offices and services, privileges and advantages "by reason of race or color."

The National Council of the Scouts says that it will continue to correct any possibly discrimination by

--Directing all local Boy Scout units in Utah and all sponsoring organizations to abide by the non-discrimination policy.

--Continuing a program now in effect to monitor the participation and advancement of all black Scouts in Utah

--Insuring that the benefits of scouting are and will continue to be made available to all boys of all races.

Due to Appear

The action dismissing the case comes eight days before LDS Church President Spencer W. Kimball was scheduled to testify. The attorneys for the NAACP ordered him to apepar Nov. 15 and to produce all writings in his possession orin the church's possession "respecting every policy and practice of the church regarding persons of the black race."

Michael L. O'Keefe, one of the attorneys for the NAACP, said that since the case was now dismissed, President Kimball would, of course, no longer be required to testify. Attorneys for the Scouts signing the agreement were Edward Clyde and RObert Backman, both Salt Lake City.