Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-04-23

ASA VIZ OAiOSd OOlOCo 0uPA CAAAS
Courts May II. 1854. decree.
which held that Prince Edward
County could not segregate the
races in the public schools.
The motion asks that the
county's schools be brought into
compliance with the Supreme
Courts decree at time no
later than the school term COM
mencing in September, 1856"
Prince Edward County was one
Iof five defendants before the
court and directly under COM
pulsion of the May II ruling.
SpottSWood w. Robinson III
of NAACP counsel filed the mo-
ton after serving notice on
counsel for Prince Edward Coun-
lty and notifying the Attorney
Generals office the motion was
to be filed.
May ! Date Mentioned
Oliver w. Hill, associated with
Mr.. Robinson in the case, told
reporters the court would be
asked to make the motion re-
turnable May 7 but that this date
probably would be changed after
conference with opposing counsel.
The motion bore the signatures
of Mr.. Hill. Mr.. Robinson, and
Thurgood Marshall of New York,
chief NAACP counsel.
A three-judge court has juris-
diction in the case. Members of
the court are District Judges
Sterling Hutchinson and Albert
Bryan of the eastern district of
Virginia and Judge Armistead
Dobie of the United States 4th
Circuit Court of Appeals.
At a hearing last July 10, sew
eral weeks after the Supreme
Courts decree came down, T.
Justin Moore, counsel for Prince
Edwards school board. and At
torney General j. Lindsay Al
mond. jr., pleaded that the State
and County be given time to work
out the school problems.
Time Granted
Mr.. Hill and Mr.. Robinson
argued at that hearing that if
the court allowed the time asked,
council for the County and State
would be before it a year later
asking for more time. The court
granted Prince Edward and Vir-
ginia time to seek a solution to
the problem created by the Su-
preme Court order.
In the Motion filed today, the
NAACP asked that the district
court require Prince Edwards
school board ito make a prompt
and reasonable start" toward
complying with the Supreme
Court ruling. 1t also asked that
the district court enter a decree
permanently restraining and en-
joining the defendants from
using race as the basis of de-
termining admission, assignment
or attendance in any public Sec
ondary school in Prince Edward
County"
Further, the motion asks that
the defendants be ordered to file
with the court interim reports
showing the plans and steps they
are making to change the exist
ing method" of school assign
ment so that as of September,
1856. race will no longer be used
as the criterion for public school
attendance"
The lengthy motion cited the
May II. 1854. ruling and also the
Supreme Courts May 81. 1855.
decree in the Prince Edward and
related cases.
No Reasonable Start" Seen
The NAACP'S motion alleged
that neither the Prince Edward
School Board nor School Supt
T. j. McIlwaine has made a rea-
sonable start toward compliance
with the decisions of the Su-
preme Court or the injunction of
the District Court, nor has either
started making arrangements to
admit Negro pupils ION a racial
ly discriminatory basis"
Supt. McIlwaine and the board.
the motion further alleged, ARE
waiting formulation" by the COM
monwealth of policy and plans
for operation Of the public
schools and do not propose to
take any action to effectuate
the transition to a racially nom
discriminatory school system UNI
less or until" the State formu-
lates the plans and policy.
The motion alleged. too, that
Virginia has not made or
started making" arrangements
to admit Prince Edward pupils
on de-segregated basis.