Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-21
Federal Judge
Refuses to Act
Pending Study

The question of school integra.
ton in st. Marys County app
peared likely today to be tossed
into the lap Of the State Board
of Education.
At the end of day-long argu-
ments yesterday Federal Judge
Roszel c. Thomson took under
study legal problems posed by
the county school board and
the National Association for the
Advancement Of Colored People.
He made no ruling and said he
is inclined to retain jurisdiction
Of the case pending new develop
mentS.
The board asked him to dis
miss a complaint filed against
it by the NAACP. Arguments
were on that motion.
The NAACP, acting on behalf
of a number Of Negro students.
had asked the court to order the
school board to present a plan
for Indignation.
Other Observations
He did make these observa-
tons:
/. On the record as it now
stands he would not be willing
to issue the order requested by
the NAACP. The school board
has appointed Citizens Com
mittee on Indignation which last
week submitted its report to the
board. This, he said. would APP
pear to represent the prompt
and reasonable start" toward
Indignation required by the SUI
|preme Court decision outlawing
segregation.
2. He is doubtful that he
should rule on the NAACP re-
quest until the students have
appealed to the State Board Of
Education on refusal Of st.
Marys County school officials to
admit them to white schools.
While he said he feels his court
has jurisdiction in the case, he
questioned whether it would not
be wiser for the plaintiffs to
appeal first to the State Board
before having the suit decided
in Federal Court.
8. At the same time, he Is not
inclined to grant the county
school boards motion for dis
missal of the NAACP suit. my
disposition is to retain jurisdic-
ltion," he said. holding the suit
in allegiance to insure the plain
tits prompt action on their case.
Jurisdiction Is Issue
The school boards motion for
dismissal was based on a claim
that the Federal Court lacks
jurisdiction because the NAACP
has failed to exhaust its legal
and administrative remedies at
the State level.
However, in arguments, Attor-
Iney H. Vernon Eney said for the
school board, II think it is bet
ter to approach this by saying
the court ought not to grant
relief in this case rather than
say the court cannot"
Mr.. Eney said, 1.-THE question
here is not whether the plaintiffs
constitutional right Ito nom
segregated education) has been
violated. I acknowledge that
it has"
The question. he said, is an
administrative one which should
be judged by the State School
Board, since 1t has administra.
tive control over public schools.
The proper procedure, Mr..
Eney said, would be for the stu
dents to file petitions for admis-
sion to the schools Of their choice
with the county school superin-
tendent. If refused admission.
they then should appeal to the
State board, he said. Then the
next step would be appeal to
Federal Court, he said.
Suit Called Premature
Mr.. Eney told the court no for
NAL requests for admission had
been made by the students listed
as plaintiffs. Robert B. Watts.
an NAACP attorney, argued that
the request had been made by
himself at a meeting Of the
county school board and refused.
The school boards attorney
also argued that since the board
has appointed a citizens COM
mittee and since the committee
has made a report, a prompt
and reasonable start toward
Indignation has been made.
Therefore," he said, II feel the
suit is premature"
Mrs. Juanita j. Mitchell. a
member Of the NAACP counsel,
told Judge Thomson the NAACP
feels this is purely" a question
of race and as such must be de-
cided in Federal Court.
Denies Reasonable Start
The st. Marys County board
made 1t clear, she said, that the
policy Of segregation would be
continued until time that the
board should change it. On this
basis, she said, I'VE contend no
reasonable start has been made"
Tucker r. bearing, another
NAACP lawyer. said the State
Board Of Education already had
recommended that the county
boards integrate their schools as
soon as possible. II the NAACP
went to the board, he said, it
could do no more than take
the county board into court.
I'VE contend an administers
tive remedy is inadequate be-
cause it would be SO uncertain"
he said.
Mr.. Watts told Judge Thorn
sen the NAAcP was not asking