Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-01-14
School Board Held
In Contempt Of Court
lin Gloucester County
BY the Associated Press

bf me ASSocioted ffeSS
RICHMOND, Va, Jan. 14.-The
Gloucester County School Board
and its division superintendent have
been held in contempt of Federal
Court which directed them to equal
lie facilities between white and
Negro pupils in their schools.
Judge Sterling Hutcheson an
nounced his decision in the case
yesterday in an 18-page opinion. He
deferred until April the imposition
of any penalties and said he would
take into consideration any further
steps taken to equalize facilities be-
fore then.
A Federal judges power to punish
for contempt is limited only by his
own discretion.
Move Seen Failing.
In Newport News, Charles E
Ford, one of the School Board at
torneys, said: IF counsel for the
colored people of Gloucester County
hopes to persuade the judge of the
District Court to order the School
Board of Gloucester County to ig-
more the segregation laws of Vir-
ginia and enter colored children in
white schools and break down
segregation laws in our schools, as
announced in court and out as their
ultimate aim, then they have failed
Attorneys for Negro school chill
dren had been asking for the con-
tempt ruling since last September
They said the school authorities had
both failed and refused to provide
equal facilities. Judge Hutchinson
ruled school officials had not tried
hard enough to purge themselves
after a hearing on December IA.
Liable for Punishment.
Liable now for punishment are
School Supt J. Walter Kenney and
the School Board members-Chair-
man Stanley T. Gray, Wallace
Fletcher and Otis Howge.
The judge went into this detail:
TT would seem the defendants
may not fully realize the position in
which they find themselves. They
point to a lack Of funds, the fact
that they have no power to levy
taxes and insist that they have been
unable to erect new buildings. They
then rely upon the Virginia law
providing for segregated schools.
Then, having set in motion pre-
liminary plans to erect new build
ing, they leisurely await develop
ments, ignoring their liability under
the injunction order.
They have called no public meet
ing to enlist the interest of the
people of the county in the bond
issue which they suggested. They
have lacked in diligence in under
taking to obtain signatures to the
petitions provided for such bond
issue. ,"
The defendants charge that the
purpose of the plaintiffs is to elimi-
nate segregation of the races and
then offer to inject into the case at
this time an issue as to whether
colorcd buildings are adequate" the
judge said.
These issues are beside the point.
'The fact remains that the de-
PENDANTS have provided separate
buildings. one group OF which is de-
cidedly superior to the other.
Having adopted policy of seq
regated schools. those entrusted with
the responsibility of providing edu-
cation must see to it that such pro-
vision is without discrimination.
The court is not called upon to
make any decision with respect to
but Is concerned only
with a proper and fair distribution
or utilization of the benefits pro-
vided at public expense for the
school children of both groups"
every Able Opinion
Attorneys for the O. Negro school
w. Hill. Martin A.
Martin and Spottswood Robinson
I1I-were reticent within court. but
openly jubilant outside of the cham
bers.
"A very able opinion Mr.. Hill
SAID bfleny.
The judge had other comment
pertaining to Virginia law:
I'm passing, it may not be amiss
to remark that the defendants, while
pointing to the requirements of the
Virginia statue concerning segrega-
ton, either overlook or ignore other
provisions of the Virginia law, which
directs that the separate schools
shall be under the same general
regulations as to management, use
fulness and efficiency.
This is not said in spirit of
censure to the defendants as in
dividuals, since it is realized that
custom and law, as in this case. are
not always in harmony and an es-
tablished custom Is often strong"