Evening star., 1949-05-05
AppeaIWeighed
In Gloucester
School Fine
Judge Huteheson
Orders a OfficiuIs to
Poy Total of 81, 1000
BY Alex R. Preston
Stor SteH Correspondent


RICHMOND. Va, May S.
Counsel today considered the
possibility Of an appeal for
Gloucester County school officials
who were fined a total of $1,000
for contempt of court growing out
OF o Negro school equalization
case.
Attorneys for Negro school
children at the same time were
mailing the Federal court action
as a warning to other Virginia
localities to end discrimination
wherever it may exist.
After a 1ive-hour hearing yes
terday, Judge Sterling Hutcheson
Of the United States District Court
ordered four Gloucester County
school officials to pay fines of
$3.50 each because they failed to
carry out his injunction order Of
last July requiring substantially
equal schools for Negro and white
children.
The four are Stanley r. Gray,
chairman; Wallace Fletcher and
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-
journed, however, he and his asso-
ciate, George P. De Hardit of
Gloucester told reporters they
would consider the possibilities of
an appeal.
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 comme&4sd, "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 of with only nominal
penalties. or with no penalties at
all. 9SssS fsssA ss9sst
School Board members receive
SIS a meeting for not more than
IL meetings a year. The super
intendent receives $4,000 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 yesterdays
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 a
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 of
the Circuit Court to order refer
endum. Further. 1t was testified,
the officials had actively cam
paigned in behalf of a $500. 900
bond issue question on the refer
endum ballot. The proceeds were
to be used for erecting new build
luSS dG J1iC S1UC VI tIlC IiOuSCStC1
County Training School for
Negroes.
Proposed Sum Cut Down.
MIR. Gray. a druggist. said he
"buttonholed" every customer that
came into his store and carried
around petitions preliminary to
calling the referendum.
The superintendent and the
other board members related sim
liar experiences which were sup
ported by Judge j. 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 had been proposed
as the amount to be authorized in
the referendum. but he became
convinced that this amount would
have no chance of passage. He
said 1t was his responsibility"
that he advised the school Off