Evening star., 1937-08-09
NEARBY CHILDREN
IN SCH00LS0F D. c,
UPHELD BY COURT
Can Attend, Says Appeals
Bench, if Parents Work
in Capital.
MANDAMUS WRIT VALID
IN CASE OF LOIS KEMP
$500 Pupils Are Affected by Rul.
ing-Stephens Declares Law
Is Mandatory.
BACKGROUND

BACKGROUND
A Ueek PRIOR to opening OF
schools last September, Supt.
Frank w. Ballou decided, Nth
Board OF Education backing, to
close Junior high schools to non
resident pupils, at least until after
initial enrolment, due to crouded
conditions He based action on
an Interpretation By then Corpora
ton Counsel w. W. Bride that ldw
regarding school admissions uds
'permiSSiUe" not mandatory"
John S. Kemp, w. P. A. official,
l,Uing in Clarendon, Va, fled i'm
mediate suit and on October 10
Uon mdndamus action to compel
Bnllou to permit his daughter to
attend Gordon Junior High.
Under ruling today by the United
States, Court of appeals, school off,
cials may not exclude from Washing
ton schools children living in nearby
Maryland and Virginia, whose parents
are employed in the District.
During the last school year, when
the case in which the decision was
made was filed, the case was said TO
affect approximately 1900 non-resi-
dents, who had been barred because
of crowded conditions IN the District
schools.
The Court of Appeals decision up
holds the issuance by District Court Of
writ Of mandamus ordering Supt of
Schools Frank w. Ballou to enroll Ii
yearold LOIS Kemp of Clarendon Va,
in the Gordon Junior High School.
She is the daughter of John S. Kemp.
Works Progress Administration off,
cial.
Will Return to School.
Although appeal by school officials
of the District Court decision ordi-
narily would have prevented enforce
ment of the court order. Corporation
Counsel ElUood H Seal agreed to per-
nit the child to attend school pend
ing final disposition of the case Her
attorney, Robert E. Lynch, agreed to
take her out of school Immediately
should the decision be unfavorable.
Notified of the decision in his Office
in the Interior Department Building,
Lois father expressed pleasure, but
said he had expected it.
There wasn't anything else that
could be done under the Law, as it Is
very clearly written" he said L
never entertained a moments doubt
of the outcome" "
Kemp said he never understood why
the question was raised in the first
place, but since it had been, he was
glad it was so favorably settled
I'm glad Lois is fixed in Gordon
Junior High now. She did very we'll
there last year. he added.
Lois herself was elated at the de-
cision.
"Oh, I'm so glad it's all settled"
she exclaimed.
Statute Cited In Ruling.
The statute under which the girl
sought admission to Gordon last Fall
states:
"All pupils whose parents ar. en-
ployed officially or otherwise in the
District of Columbia shall be admitted
and taught free of charge in the
schools of said District"
Speaking for the appellate court.
Associate Justice Harold NJ. Stephens
held that the words of the " were
mandatory, rather than permissive,
and imposed on school officials clear
duty to admit such nonresident pu-
pills.
Refusal to grant the writ sought
in this case would as effectively de-
prive the appellee of the clear benefit
granted her by statute as would re-
peal of the statute by Congress- JUS
tice Stephens said.
Objections Held Legislative.
Concerning the contention by DR..
Ballou that admission of non-resi-
dent pupils would result in great con-
gestion in the already overcrowded
junior and high schools and deprive
District children of proper educational
facilities. Justice Stephens remarked:
1--WE think that the considerations
urged by the appellant are legislative
rather than judicial in character. We
cannot say that they were such as
required the Trial Court. in the exer-
else of a sound discretion, to refuse
the writ.
The statute involved in the instant
case being mandatory and clear, the
duty of the appellant to admit the
appellee to the public schools Of the
District was purely ministerial"
Sought to Enter Gordon
Lois applied for admission to Cor
don Junior High last September, after
completing the sixth grade in an ele-
mentary school here. Under order Of
DR.. Ballou, the principal refused to
admit her and others similarly situated
on the grounds there was no room for
them.
DR.. Ballou had reported at that time
to the Board of Education the con-
gested condition of the school and the