Evening star., 1936-10-20
APPEAL TO DELAY.
SCHOOL CR0WD|NG.
BY NON-RES|DENTS.
Justice BaiIey's Ruling Opens
Doors to Hundreds of
Students Barred.
MRS. DOYLE BLAMES
NIGGARDLY CONGRESS
Board Members Cite Failure to
Provide Stats and Facilities to

School ofiicials looked with relief to-
day to the slow grinding Of legal
wheels to give them time to prepare
for the additional congestion which is
expected to result in the ruling OF
Justice Jennings Bailey OF District
Court Is upheld in the District Court
Of Appeals.
Justice Bailey yesterday interpreted
as mandatory the law providing for
enrolment in District schools of nom
resident pupils whose parents are en-
ployed in Washington.
For the last 81 years the law had
not been contested and in recent years
the Board of Education and DR.. Frank
w. Ballou, superintendent, had been
guided In dealing with non-residents
by a formal opinion Of the late Cor
poration Counsel William w. Bride.
This held the admission Of non-resi-
dents was discretionary or permissive.
and such pupils could be banned II
the circumstances warranted.
Ruling Reversed.
Justice Bailey's ruling reversed that
opinion, the jurist holding that a writ
of mandamus should be issued to place
Lois Kemp of Clarendon, Va, in Cor
don Junior High School. Her father.
John S. Kemp, disbursing officer for
the w. p. A., sought the writ after
Lois had finished her courses last
year at the Fillmore School and was
denied enrolment at Gordon last
month.
Her position was the same as some
$50 to 200 other pupils who attended
District schools last year. All schools
were closed to non-residents because
of the severe congestion, which has
resulted in virtually all junior and
senior high school classes averaging
nearer As than the standard average
of IS, and some Of them reaching as
high as go or more.
Situation Impossible"
In the junior and senior high
schools, totaling 81 separate institu-
tions, not one is within its physical
or teacher capacity. Two schools
Woodrow Wilson High and Anacostia
Junior Senior High-have the physi-
cal equipment to accommodate more
pupils, but the teaching staff has
been kept within such limits that both
schools already are over crowded.
DR.. Ballou has taken the attitude
of being compelled to meet an i'm
possible situation"
Mrs. Marion Wade Doyle, presi-
dent of the Board of Education, placed
the blame on Congress, saying mig
gardly" appropriations have caused
the trying situation. She saw in the
court action a possibility Of bringing
to the attention of those responsible
the acute situation"
Elwood H. Seal, corporation coun-
sci, gave the officials the hope of time
to work out a plan to care for the
anticipated increase Of some 1890
boys and girls.
Five-Day Delay Gained.
Five days were granted by Justice
Bailey to permit the District to amend
its answer to Kemp's petition for a
writ of mandamus. This will stay
the issuance of the writ through this
school week.
Seal and his chief assistant, Vernon
E. West, who argued the case in court,
expect the court to uphold the ruling
made yesterday in spite of the
amended answer. Consequently. they
already have informed the court an
appeal will be taken.
THE appeal" Seal said, "will act
as q supersedaes and will stay the
operation of the court order until the
Court of Appeals can pass on the case. y
Long Journeys Probable.
Meanwhile, the only hope the Board
of Education and its administrative
officers have Is to work out a plan
of transferring pupils from outlying
schools to less congested buildings
closer to the heart Of the city to care
for boys and girls from Maryland
and Virginia. In some cases, however
even after transfers are made, it will
be necessary to send pupils long dis.
tances from the District line to theil
classes to avoid making a bad sit.
uation worse.
A majority of the Board of Educa-
ton agreed with Mrs. Doyle that the
ultimate solution of the acute prob.
lem is up to Congress.
How can we order the superin-
tendent to house these additiona
pupils from Maryland and Virgins
when we haven't been able to giv'
him the equipment necessary to taxi
care of our own District boys ane
girls?" they asked.
Aside from a potent argument, how.
ever, the Board of Education saw littl,
good resulting from the situation. Al
ready, in the budget for 1898. ap
proved by the Commissioners. thei
application for funds to increase phys
ical equipment was slashed from NOR,
| kknx nm mn t<. In.r tI.nx1 ann mn