Evening star., 1949-05-05
Appeal Weighed
In Gloucester
School Fine
Judge Hutcheson
Orders a Officials to
Pay Total of ST, 900
Ru AIa~ b.~.a~.
BY Alex r. Preston
Sfor Sfoff Coryesponoe,t

RICHMOND. Va, May S.
Counsel today considered the
possibility of an appeal fol
Gloucester County school official.
who were fined a total of $1,000
for contempt of court growing ou
of a Negro school equalization
case.
Attorneys for Negro schoo
children at the same time were
hailing the Federal court actor
as a warning to other Virginia
localities to end discrimination
wherever 1t may exist.
After a five-hour hearing yes.
terday, Judge Sterling Hutchesor
OF the United States District Court
ordered four Gloucester COUNTY
school officials to pay fines oil
$3.50 each because they failed tc
carry out his Injunction order oi
last July requiring substantially
equal schools for Negro and white
children.
The four are Stanley T. Gray
chairman; Wallace Fletcher ano
Otis Howge. members of the
School Board. and School Supt
j. Walter Kenney. They were
given 80 days to pay.
Injunction Continues.
Judge Hutcheson further warned
that his injunction order will
continue in effect and if further
violations are shown. they will
be dealt with individually as the
court deems proper"
Prior to Judge Hutcheson's i'm
position of the fines, Charles E
Ford, one of the attorneys for the
school officials, pleaded that his
clients had done all within their
power to meet the requirements of
the court order.
Immediately after court ad-
tourned. however, he and his asso-
ciate, George p. De Hardit of
Gloucester told reporters they
would consider the possibilities of
an appeal.
s., Martin A. Martin, Oliver w. Hill
and Spottswood w. Robinson III,
all colored, attorneys for Negroes
In the case. were quick to praise
the decision as fair" after court
adjourned.
Mr.. Martin commented, "It lets
all other counties know that if
they discriminate the courts will
so hold and will order them to
cease or they will back this up."
Opposed Nominal Fines.
Earlier, Mr.. Martin appealed to
the court not TO let the school
officials off with only nominal
penalties. or with NO. penalties at
all. @'r"'" "s'sT~'
School Board members receive
SIS a meeting for not more than
IL meetings year. The super
intendent receives 300 plus $3.50
expense allowance annually.
Reciting a history of the case
since it first was instituted Feb
ruary Is, 1947. Mr.. Martin ex-
pressed the belief that this court
will have this case back here" un-
less Substantial" penalties were
imposed.
Nearly a score of witnesses were
presented by attorneys for the
school officials, but only about
half of them actually testified
when the court was told that a
number of them would have pre-
sented only corroborative evi-
dence. Attorneys for the Negroes
did not offer any witnesses.
At the outset of yesterdays
hearing Judge Hutcheson re-
minded attorneys that he was not
ruling on the question of con-
tempt of court. That already had
been done on January 13, when
he found the officials had been
too "leisurely" in correcting the
discrimination.
Bond Issue Stressed.
In connection with yesterday S
session, he said evidence to be
submitted would guide him only
''in determining the nature of the
punishment to be imposed and not
for the purpose of showing that
they are not in contempt"
Nevertheless. greatest stress by
defense counsel appeared to be
placed on testimony relating to q
bond issue referendum in Glou-
cester County which voters de-
feated at the polls on March 81.
Arguments were presented in
tending to show that the school,
officials had actively circulated
petitions calling on the judge o1
the Circuit Court to order refer
endum. Further. 1t was testified
the officials had actively cam.
paigned in behalf of a $500. .00t
bond issue question on the refer
endum ballot. The proceeds were
to be used for erecting new build.
ings at the site of the Gloucester
County Training School fol
Negroes.
Proposed Sum Cut Down.
Mr.. Gray, a druggist, said hi
'buttonholed" every customer thai
came into his store and carried
around petitions preliminary te
calling the referendum.
The superintendent and the
other board members related sim.
liar experiences which were sup.
ported by Judge ]. Douglas Mitch.
ell of the Gloucester County Cir.
cult Court. and Catesby G. Jones
county trial justice.
Judge Mitchell told of how
$750, ,000-for white and Negro
schools-first had been proposed
as the amount to be authorized ir
the referendum. but he became
convinced that this amount woule
have no chance of passage. HI
said it was his responsibility
that he advised the school Off
rioic to caat> a ry,, Ilor ey,no.trf In