Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-01-11
U. S. Judge
Says 1t FIouts
Indignation

NORFOLK, Va, Jan. II (Spe-
lciaD - Federal District Judge
Walter E. Hoffman held today
that Virginia's pupil placement
plan lis unconstitutional on it's
face"
The legislation. he said, is di-
rectly opposed to the language
of the Supreme where it
is declared "the fundamental
principle that racial discrimina-
ton in public education is un-
constitutional" and "all pro-
visions of Federal, State or local
law requiring or permitting such
discrimination must yield to this
principle"
Judge Hoffman gave his opin-
ion in ruling Stemming from
desegregation suits brough
against the Norfolk and Newport
News School Boards. The ruling
denied motions to dismiss the
suits made by attorneys for the
school boards.
February Trials Due
Trial of the suits is set for
February II. IL and 10. The
Newport News suit will be tried
there on February IL, and the
Norfolk case will be heard here
on February IL or Is, depending
on the length of time taken by
the Newport News case.
Informed of the ruling today,
Attorney General j. Lindsay Al
Imond. jr.. said: Certainly we'll
appeal it
Mr.. Almond said he would
want to see the opinion before
making any other comment.
In his lengthy opinion, Judge
Hoffman said: "Manifestly, the
Governor of Virginia has sug-
gested that there shall be no
Indignation of races in public
schools of Virginia, irrespective
of how slight it may be.
THE Question remains: Has
Virginia now enacted a constitu-
tional act which is nondiscrim-
inatory in nature, and hence not
in violation of the Fourteenth
Amendment to the Constitution
OF the United States as inter-
preted by the United States SUI
preme Court ?
I In compliance with my oath
OF office and my duty to deter
mine matters from a legaliStic
viewpoint l must answer
this question in the negative, as
I it is my firm conviction that
+. :. the pupil placement plan
is unconstitutional on its face"
Citing an interposition resolu-
ton adopted by the Virginia
General Assembly, he said 1.-THE
pattern is plain. the Legislature
has adopted procedures to de-
feat" the Supreme Court deci-
sion.
Bars Entry to Schools
Judge Hoffman said nothing
in his ruling should be con-
strued" as automatically grant
ing to plaintiffs the right to
enter schools of their choice"
"A local school board may
pass on individual applications
for school changes and as long
as discrimination solely by rea-
son of race does not appear.
there is no inherent right Of
any child to attend any partic-
ular school in which children
Of another race are in attend
ance.
But as long as the school
boards maintain an announced
policy refusing to consider the
applications separately and take
no steps toward removing the
requirements of segregation in
the schools, which the Supreme
Court has held violative of the
constitutional rights. there APP
pears to be nothing any court
may do other than to enjoin the
violation of constitutional rights
in the operation of schools by
the authorities and, in the event
of continued violation, proceed
by way of contempt"
The pupil placement plan went
into effect last week. 1t pro-
vides for pupil assignments
to De made by three-member
board. Appeals from the ruling
of the board may be made to
See NORFOLK, Page A-6