Evening star. [volume] (Washington, D.C.) 1854-1972, 1936-10-29
OUTSIDE PUPILS
MAYBE ADMITTED
PENDING APPEAL
Kemp Case Stipulation
Necessary, Rules Cor
poration Counsel.
RIGHT TO DECIDE
WITH SCHOOL BOARD
Seal Recommendations Awaited
by Ballou Before Determin.
ing Action.

Lois Kemp and other children living
beyond the District boundaries may
be admitted to public schools here
during the rest of the present term
without damaging the Districts case
in an appeal on whether nonresident
pupils whose parents are employed in
Washington must be admitted, Cor
poration Counsel Elwood Seal ruled
today.
While this advice was to be
forwarded promptly by the Commits
sioners to school authorities, it was
explained at the District Building that
the Board of Education still retains
the right to decide whether the Kemp
child or other nonresident pupils
shall be admitted pending litigation.
Seal held they could be admitted
provided their parents or guardians
entered into a stipulation that right
to admission be terminated by Janu-
airy 81 if the appeal was not deter
mined by that time. This would give
school authorities time for further
consideration.
Board Action Uncertain.
Just when the Board of Education
will take action on Seals recon-
mendation could not be learned. DR..
Frank w. Ballou, schools superin-
tendent, said that as soon as he re-
ceives the recommendation from the
Commissioners he will confer with
Mrs. Marion Wade Doyle, president
of the board, to decide whether to
withhold action until the next board
meeting, Wednesday, or to poll the
members Immediately.
Lois Kemp's father, John S. Kemp
won a decision from the District Court
that under an act of 1915 nom
resident pupils whose parents work
here shall be admitted, tuition free
The District, as the agent for the
Board of Education, has taken an
appeal to the appellate court.
In his legal opinion to the Board
| of Education, Seal said, after reviewing
the facts in the case:
DIR. Ballou superintendent of
schools) takes the position that the
schools are overcrowded, that there is
not even sufficient room for pupils
whose parents live in the District. and,
in fact, states that an emergency
exists.
Il realize that this Is an important
question to the Board of Education,
and think it is a close one, and one
that should finally be determined by
the appellate court.
Seal Recommendations.
'tIn view of the fact that the school
year has already begun in the District
and in States adjoining, and in view of
the fact that I do not believe many
pupils will apply for admission at this
time, recommend:
"One. That stipulation be entered
into between the Board of Education
on the one hand and the father and
guardian of Lois Kemp on the other,
wherein and whereby it is agreed that
the said Lois Kemp be admitted to the
public schools of the District of Co.
lumbia pending the final outcome OF
the appeal in this case. Provided, how
ever that if the appeal be not deter
mined on or before January 81, 1887,
the right of the said Lois Kemp to en-
rollment terminates. However, further
consideration of the question may be
had on February l, 1887, if need be.
1.-TWO. That the guardians of any
other pupils applying for admission
between now and January 81, 1887,
be required to enter into the same
character of stipulation"
officials have estimated roughly that
there may be as many as 1000 non
resident pupils whose parents work in
the District who may seek to enter
schools here if the Board of Educa-
ton permits them.
Robert E. Lynch, attorney for the
parents of Lois Kemp, announced he
was prepared to enter into the stipu-
lation suggested by Seal.