Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-11-27
Charlottesville,
Arlington Edicts
Are Opposed
By ALEX PRESTON
Star Stan Correspondent

BALTIMORE. Nov. q. - An
order for Arlington County. Va,
to end racial segregation in its
schools by January 81, 1857, was
being appealed today to the
United States Fourth Circuit
Court Of Appeals.
At the same time, the high
court listened to arguments pro-
testing another order-tempo-
rarily suSpended--requiring pub
lie schools in Charlottesville, Va,
to desegregate at the beginning
of the current school term.
Vlrginia's new public school
laws. designed to preserve seq
regation, do not figure directly
in the cases here. However, at
torneys for the National Assoc
citation for the Advancement Of
.Colored People, representing
Negro plaintiffs in Arlington and
Charlottesville, were expected to
try to bring the new laws into
the case.
Could withhold Funds
The legislation, passed at n
special session of the General
Assembly last September, pro-
vides, among other things, for
the Withholding of State funds
to localities with integrated
Iclassrooms and automatic clos
ing Of schools where the races
are mixed.
Outcome of today's hearing
may determine whether Federal
District Judge Walter E. Hoff-
man of Norfolk passes on the
validity of Virginia's new legis.
lative plan. At a hearing on
December II, Judge Hoffman
said that if he had to rule at that
time he would throw out the
window" the pupil assignment
plan which is a part of the
States new legislative package.
He was considering suits against
Norfolk and Newport News.
Charlottesville school officials
have appealed from an oral rul-
ing by Federal District Judge
John Paul last July IL.
The Arlington County school
board has appealed from a July
3lst ruling of Federal District
Judge Albert v. Bryan of Alex
andria.
Judge Paul's decision was the
first setting a definite deadline
for desegregation of public
schools in Virginia.
Allows Time for Appeal
! Last August %, Judge Paul
agreed to delay enforcing his
order until Charlottesville could
appeal.
Judge Bryan said junior and
senior high schools in Arlington
must end segregation by Sep
TEMPER, 1851.
Both juristS ruled on suits that
asked the courts to order imple-
mentation of the Supreme Courts
decision of May II, 1854, OUT
having racial segregation in pub
lie schools. The Supreme Court
later called for an end to school
segregation with all deliberate
speed" and turned the implement
tation over to the district courts.
The Charlottesville suit was
filed on behalf of 70 Negro par
ients and pupils. The city has
1880 school children, 1856 of
them Negroes.
Fourteen parents of % children
were listed as plaintiffs in the
Arlington suit. The county has
! ,295 Negroes among its 22.Os5
school children.
Dubious on Result
Both district judges expressed
the opinion that their orders
would not open the school doors
Ito anyone who wanted to get in.
Judge Paul said that while
children couldn't be segregated
because Of race, there were other
factors which could be consid-
ered-residence, crowded con.
ditions of schools and student
qualifications.
Judge Bryan said, 1T must be
remembered that the decisions
of the Supreme Court do
not compel the mixing Of diff
ferent races in the public schools.
No general reshuffling Of the
pupils in any school system has
been commanded. The order of
that court is simply that no
child shall be denied admission
TO a school on the basis Of race
or color.
Indeed, Just so a child "a
not through any form OF COM
Ipulsion or pressure required to
stay in a certain school. or de-
MED transfer 10 another school,
because Of race or color, the
school heads may allow the
pupil, whether white or Negro,
TO 90 to the same school as he
would have attended In the abb
'sence Of the ruling OF the Su-
preme Court.