Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-11-27
Assembly Baked
Indignation Move,
Negroes Contend
BY ALEX r. PRESTON
Star. star Correspondent

BALTIMORE, Nov. 27.-Acs
ton Of the Virginia State Legis.
lature in preventing the Airing.
ton County School Board from
carrying out its plans to end
racial segregation has caused
the county to be brought into
Federal Court, attorneys for
Negro children said today.
The Fourth Circuit Court of
Appeals was told that the Vir-
ginia General Assembly slapped
down" Arlington by taking away
the county'S right to elect mem
bers of its school board.
Oliver w. Hill of Richmond,
counsel for the National ASso-
citation for the Advancement Of
Colored People, said the repeal
measure of Delegate Frank P.
Moncure of Stafford County.
was the result of the school
boards policy statement last
January that desegregation was
to commence in September, If
State law and policy allows.
If the situation had contin-
ued as the Arlington County
Board had planned Mr.. Hill
said, I'm sure we wouldn't be
in court today-at least not in
this case"
Two Cases Being Heard
The Circuit Court is hearing
appeals by Arlington and Char
Ilottesville to reverse lower Dis
trict courts orders to desegregate
by specific dates.
Chief Judge John j. Parker
said the court could take judic-
ial notice of Virginia's new
school segregation legislation
enacted by the General Assem-
bly, last September.
Before taking the cases under
advisement he gave attorneys 10
days in which to file copies Of
legislation of which judicial no.
tice should be taken.
Former Gov. John S. Battle Of
Charlottesville and Attorney
Frank L. Ball, sr.. of Arlington,
based their main contention on
the point that the suits repre-
sent "class actions" The Negro
plaintiffs in both cases, the two
attorneys argued, do not contend
that their individual constitu-
tional rights have been denied
because of race.
Laws May BE Tested
A direct test OF the constitu-
tionality Of Virginia's new oucll
assignment plan coupled possi-
bly,. with the rest Of the new laws
enacted last September. may fol-
low the utcisions IN the cases
here. Feneral Judge Walter
Holman of Norfolk has indi.
Ca,ed he may rule on the legisla.
lion offered W Gov. Stanley %
III, serve schnGl segregation I'M
less the 70 .:t!i Circuit Court
" * preclude him from acting.
Judge Parker asked Mr.. Hill:
you've done nothing to show
that your individual rights have
been denied, have you? You
say you wouldn't be in court
If the Arlington County Board
had followed it's policy, but you
don't claim any individual rights
have been deprived under that
policy"
Mr.. Hill said it would be "a
vain thing" for individuals to
assert their rights because both
school boards had adopted reSo-
lutions declaring their intention
to follow State policy. He asked
the court to take judicial notice
of an act of the General As
sembly last winter which makes
lit illegal for both races to par
ticipate in scholastic athletic
events.
That won't get you any
where" Judge Parker cut in.
Mr.. Hill said further express
sions of racial policy we're re-
fiected in the Legislatures adop-
ton Of a resolution Of interpo-
sition. protesting the Supreme
Courts school segregation de-
scion; the Moncure bill, abol-
ishing Arlington's elected school
board, and resolution declaring
the States policy to maintain
segregated schools.
Earlier Case Cited
Attorneys for Arlington and
Charlottesville hammered on the
point that the Negro plaintiffs,
as individuals. had failed to go
through the administrative rem
edies provided by law prior to
the special school segregation
session last September. II dis
satisfied with assignments to in
dividual schools or transfers from
one school to another, the plain
tifis should have appealed TO the
local school superintendent and
then 10 the State Circuit Courts
before coming into Federal
Court, the attorneys commended.
Judge Bryan realized that
when he said, I'll issue the in
junction. but II you come back
for relief you've got 10 show
you've exhausted your adminis-
trative remedies" Mr.. Ball said.
His reference was 10 Federal
Judge Albert v. Bryan Of Alex
andria who ordered Arlington 70
end racial segregation In it's
elementary schools by January
81. 1857. and In high schools By
next September
Judge Parker commented. I
think there's a lot Of misappre-
hension and confusion about this
caSe--about all cases like this
that the Federal Courts are go
lingto step in and take over the