Evening star., 1949-01-14
School Board
In Gloucester
Cited b!yCourt
Superintendent Also
Held in Contempt in
Equalization Case
By the Associated Press


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 Hutcheson
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.
One of the boards attorneys said
the group will take an appeal from
the decision if such a move may be
made under law.
The judge went into this detail:
at 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-
nminary 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.
TT was not until after the entry
Of an order to show cause why
the board was not in contempt)
that q substantial portion OF the
equipment now being used was pro-
vided for the Training School (the
Negroes present school plant.
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
colored buildings are adequate" the
.udge said.
These issues are beside the point
The fact remains that the de-
>ndants have provided separate
,tildings. one group of which is de-
idedly superior to the other.
Responsibility Cited.
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 te
make any decision with respect tc
segregation. 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"
What power rests in the court
TO permit the defendants a rea-
sonable time within which to bring
about O condition of substantial
equality between the buildings
ETC.. of the two school systems?
He added here:
so far as / am informed, this
question has not been directly de-
cided by the courts and in the case
at bar it may become of impor-
lance"
At another point he touched on
the question:
I'm undertaking to arrive at a
proper solution of the problems
presented, the good faith of the
defendants in their expressed pur-
pose to comply promptly with the
order is of Importance.
IF the court has the power tc
allow a period of grace for per-
Torrance it should exercise thai
power only after being satisfied
of the good faith of the defendants
In undertaking to promptly COM
ply. If the court has no such power
the bona fides good faith of the
defendants may be considered ir
mitigation"
Again he came back to the ques.
ton near his conclusion:
Upon the evidence before me, ir
reaching a decision as to whether
the defendants are in contempt
find 1t unnecessary to determine al
this time whether the court has
the power to extend the time within
which the respondents must comply
with the order"
every Able Opinion"
Attorneys for the 81 Negro schoc
Oliver w. Hill, Martin A
Martin and Spottswood Robinson
I1I-were reticent within court, bu
openly jubilant outside of the cham.
bers.
"A very able opinion" Mr.. Hill
said briefly.
The judge had other comment
pertaining to Virginia law:
I'm passing. 1t 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