Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-11-15
Court Ordered Tax
For Schools Hinted
NAACP Eyes
Move in Virginia
RucioI Case
BY ALEX r. PRESTON
Star STAFF Correspondent

OeSA AAA6 4AAbNAlCoOll yCobClQdy
deferred for at least is days a
ruling on the Prince Edward
County school segregation case.
His opinion may decide the
validity Of the States new legis-
lative program to preserve pub
lie school segregation.
Attorney T. Justin Moore. ST.,
representing the Prince Edward
County School Board, told the
court that, under the package
of bills enacted by a special ses-
sion of the General Assembly
last September, ''it is conceivable
that a local school board can
operate its schools on an inte-
grated basis, but without State
funds"
Held PrOblematicaI
He quickly added, however,
whether it would happen in
Prince Edward is problematical.
They (the Negro complainants)
are apparently willing to have no
schools if they can't have things
their way"
Thurgood Marshall OF New
York. chief counsel for the Ma
tional Association for the AID.
vancement of Colored Peaple,
declared. "The county super
visors of Prince Edward have
made it clear" Mr.. Marshall
said, shat they would not con-
tribute money to operate inte-
grated schools and the State law
would operate to withhold funds.
How can anybody obtain relief
in Prince Edward County?"
One of the new laws provides
for the withholding of State
funds from the primary or Sec
ondary system of any locality in
which there is an inteerated
school.
"Your question" Judge Hutche-
son SAID to Mr.. Marshall, poses
a problem which is one Of con-
Germ. AS understand it, the,
State would withhold funds. The
Board Of Supervisors has ex-r
pressed its intention not to pro-.
vide funds and the School Board
has no powers to raise funds.
What can the court do?"
You can require them to
adopt a policy that will not deny
admission of child to a school
on the basis of race" Mr.. Mar
shall responded. 9If the county
and State decline to give them
money. l believe the School
Board can then get relief. The
School Board has a duty to de-
Isegregate, and the Federal courts
will protect it in carrying out its
duty"
Mr.. Marshall said there is a
legal precedent - although he
did not read the citation in
Icourt--in which a Federal court
compelled a county ito make a
levy" impose taxes). But, he ex-
planned. in that case it was for
the collection of money owed the
Federal Government.
1T poses a question which we
have not yet reached in this
case" Mr.. Marshall said. He
said the point may be raised at
a later time. If necessary.
Three Motions Up
Before the court yesterday
were three motions, two by the
State to dimiss the Negroes
petition and one by the. Negroes
for an order for Prince Edward
County to desegregate by Sep
TENDER, 1857.
The Prince Edward suit was
one of the five original desegre-
cation cases that resulted in the
Supreme Courts 1854 decision
barring racial segregation in pub
lie schools.
The States first motion TO dis
miss was based on the contention
that Prince Edward has been
proceeding with all deliberate
speed" to desegregate, In compli-
ance with the Supreme Court
mandate. The second was based
on the new legislation by the
General Assembly, which pro-
Ivides for pupil assignments by a
Ithree-member board, appointed
by the Governor.
4 Mr.. Moore and Attorney Gen.
eral J. Lindsay Almond, jr.. rep
resenting the State, commended
the Negroes had not ayaiIed
themselves Of the administrative
remedies under the pupil assign
ment plan.
Oliver w. Hill Of Richmond,
one Of the attorneys for The Ne
groes. argued that the plaintiffs
were not seeking completion Of
desegregation by September,
1857. but beginning Of desegse-
cation by that date. Nothing
has been done by Prince Edward
TO comply with the Supreme
Courts decision since it was
made in 1854. he argued.
Mr.. Moore said a three-judge
court must be convened II a
constitutional issue Is raised
over Virginia's package legisla-
tive plan. which Is designed to
prevent Indignation. Under Fed
ersl procedure. three judges
must hear cases challenging the
constiiutionality Of State laws.
The States move 70 delay the
hearing BY asking for a three
Judge court was overruled. for
the time being at least. Judge
Huicheson said he will consider
that point while weighing all Of
the arguments before him
He allowed the State 70 days
in which 70 file a brief answers
ing written argument filed Tues
day BY the Negroes attorneys.