Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-02-11
Negroes Testify
In School Case
Plaintiffs Heard
In Newport News

In Newport News
NEWPORT NEWS, Va. Feb
III R.-Negro plaintiffs testified
today they had vainly petitioned
the Newport News School Board
Ito desegregate the city's public
schools.
Mrs. Clara Atkins, as. told
Federal Judge Walter E. Hoff-
man that she and other Negro
parents asked the school board
lin June, 1865. to abolish racial
segregation in the schools.
Mrs. Atkins. who said four OF
her five children attend Negro
schools. said the board took nc
action on her request.
Judge Hoffman is hearing a
suit filed by Negro pupils and
their parents asking that the
school board be restrained from
Operating segregated schools.
S. D. Green, clerk of the city
school board. was sent to the
stand by the plaintiffs. He read
minutes of the June. 1855. board
meeting which showed that the
board rejected recommendations
made by DR.. C. Waldo Scott. a
Negro member of the board. DR.
Scott urged that a time table for
compliance with the United
States Supreme Court desegre-
lgation decree be set up.
Other Minutes Read
Mr.. Green also read minutes
lof school board meeting held
July IL. 1855. The minutes in
icluded a letter to the board from
Dowell Howard. State superin-
.tendent Of public instruction, ad-
Ivising that the public schools
would operate for the next school
session on segregated basis as
they had in the past. He also
advised that nothing else could
be done until the State Legisla-
Iture had acted.
The minutes showed that the
board adopted a motion that the
schools be operated as before.
The plaintiffs rested after Mr.
Green completed his testimony
Defense counsel then sought To
introduce in evidence affldavits
signed by DR.. Robert o. Nelson
superintendent of Newport News
public schools; Philip w. Murray
school board chairman: Mayor
Robert B. Smith. City Manager
Joseph c. higgins. and Police
Chief William F. Peach.
Defense counsel said the wit
nesses were in the courtroom but
because much of their testimony
was of a statistical nature they
wished to have the affidavits ad-
United as evidence.
Counsel for the plaintiffs OBJ
Ijected to the introduction Of the
affidavits on the ground that
they contained irrelevant ma
terial.
The court sustained the OBJ
lection and the defense sent to
the stand as its first witness DR.
Nelson.
Norfolk Appeal Set
Judge Hoffman is due to hear
a similar appeal from Norfolk
Negro pupils in Norfolk tomor-
row.
The Judge last month denied
motions by State and local au-
liberties to dismiss the suits. Al
a hearing on the motions in No
vember. the defendants argued
that before the plaintiffs turned
to the Federal courts, they
should exhaust administrative
remedies embodied in recent
legislation by the Virginia Legis.
lature.
In denying the motions to dis.
miss, Judge Hoffman's opinion
said the States new pupil place.
ment law, a key feature Of Vir'
ginia's anti-integration program
for public schools. is "unconsti'
tutional on its face"
Attorney General J. Lindsay
Almond, jr.. has said he vii
take the Norfolk and Newport
News cases 10 a higher court Il
Judge Hoffman's decision or
them is in favor of the plain
tiffs.
The United States Supreme
Court already has been asked Il
hear appeals from Federal court
orders that Charlottesville ano
Arlington public schools be de.
segregated by specified headlines
Another Virginia desegregatior
suit in the Federal courts in
wolves Prince Edward County. Ir
that one, District Judge Sterling
Hutchinson last month declined
to fix a time for a start on racia
desegregation OF the county:
public school system.
Grudison to Speak