Evening star., 1953-08-29
Schools Critic
Charges ; Ba|k
|At Segregation
Arlington Members
Of Board Accused
In Custer Attempt

All AIlu1SCOL dGCOTu6y mas aC-
cused three School Board mem
berS whom he seeks to- remove
from Office there with violating
the Virginia constitution, which
requires segregation of whites
and Negroes in public schools.
Miles Spence Bray made the
allegation in a supplementary
document filed in Arlington Cir
cult Court yesterday. It expands
his suit against DR.. Bernard Joy,
DR.. E. R. Draheim and Warren
Cox. challenging their right to
hold Office because they are Fed
eral Government employees.
Through Attorneys John Locke
Green of Arlington and Charles
Pickett of Fairfax, Mr.. Bray said
the three board members, who
are in the majority, have per-
mitted white and colored chill
dren to be taught in the same
school; white girls have been re-
quired to wait upon colored chill
dren in the Westinghouse High
School cafeteria, and other ac-
tivities participated in by chill
dren of both races have been per-
mitted.
Schools Head Silent.
School Supt. T. Edward Rutter
said he had no comment on the
latest developments.
Mr.. Green, who failed in a
similar attempt to oust the three
School Board members after a
fight through the State Supreme
Court, told a reporter about the
alleged violations of the consti-
tutional ban against integration
in the schools.
In one instance, Mr.. Green
said, a Negro man complained
that his own child and four
other Negro children whom he
represented, had been required
to take pre-school aptitude tests
along with white children at
the white Washington-Lee High
School last month. This, Mr..
Green said the man complained,
caused the Negro children to
become emotionally upset and
fail the test. This resulted in
keeping them out of school, Mr..
Green said.
The aptitude tests are given
by school psychologists to chill
dren who have not attained the
6-year minimum age when the
semester begins.
Cafeteria Incident Cited.
Mr.. Green said the cafeteria
incident occurred during the
last school year, when a group
Of Negro students was taken on
a tour of Washington-Lee and
remained there for the lunch
hour. In another case, the
lawyer added, Negro children
played in the school band with
white children at Washington
Lee.
Mr.. Bray filed his suit last
month after the State Supreme
Court threw out the case brought
by Mr.. Green. Mr.. Bray con-
tended the high court failed to
rule in the Green suit on the
question of whether so-called ad-
ministrative officials in the Fed
eral Government are entitled to
hold Office on the board.
Early this week the School
Board countered with damage
suits asking 100000 each from
Mr.. Green and Mr.. Bray. The
school officials accused the two
attorneys of malicious action in
attempting to hold up issuance
of $2,780,000 in construction
bonds.
Not Raised by Green.
In his amendment to his suit,
Mr.. Bray says the issue of per-
mitting white and eolored chill
dren to be taught in the same
school was not raised by Mr..
Green before the State Supreme
Court.
1t was after the institution of
the Green suit that the United
States Attorney General inter-
vened in the Prince Edward
County (VaO school segrega-
tion case, contending that Vir-
ginia'S constitutional require
ment for segregation is void be-
cause it violates the fourteenth
amendment to the Federal Con-
stitution.
AS Federal employees, Mr.. Bray
contends, the three School Board
members have taken oaths to
support the Constitution of the
United States and as county Off
cials they have sworn to uphold
the Virginia Constitution. There
fore, he concludes, "the holding
of dual Offices under the State
and Federal Governments is
inc0mnatihle "