Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-09-30

Walter E. Hoffman last Febru-
airy ordered both localities to
desegregate beginning with the
school term which opened this
month.
He also declared the pupil
placement law unconstitutional
on its face in denying a mo-
ton by the State to dismiss the
suit on the grounds the Negro
plaintiffs had not exhausted the
administrative remedy set up
in the placement law. The
placement law had not been en-
acted when these cases were
started.
The United States Fourth Cir
cult Court Of Appeals upheld
Judge Hoffman's action. but
the effective date of indignation
has been stayed pending an
appeal to the United States Su-
preme Court.
The Supreme Court convenes
October Z. Shortly thereafter,
the court is expected to issue
its decision on whether it will
review the case.
II the court denies a review
1t will in effect uphold the de-
cisions Of Judge Hoffman and
the 4th Circuit Court of APP
peals. The case will 90 back
to Judge Hoffman. and he
would set a new indignation
date. Getting the issue back
to the lower court will take 80
days.
But the State presumably
could ask the Supreme Court
to reconsider its decision If il
refuses to review the case.
How long this might take is
proolematlcal.
CHARLOTTESVILLE Fed
eral Judge John Paul in July
postponed setting a desegrega-
ton date for Charlottesville UNI
til the United States Supreme
Court acts on the pupil place.
nent decision of Judge Hof-
man.
II the Supreme Court de-
clares the act unconstitutional
Charlottesville must desegre-
gate beginning with the first
school semester following the
courts decision.
Judge. Paul also decreed par
entS OF children attending
Charlottesville schools do not
have to fill in the assignment
applications.
ARLINGTON-Federal Dis
trict Judge Albert v. Bryan
decreed in July the county
must abolish racial segrega-
ton beginning with the school
term which opened this month.
At that time, he refused to
say students in the locality
need not comply with the
placement law.
Judge Bryan first decreed in
July, 1856, that Arlington must
integrate its elementary schools
by last January, and its junior
and senior high schools this
month. The hearing in July
1857, was on a request to up
date his earlier decision as il
pertained to elementary
schools.
Seven Negroes sought To
enter white schools in Airing
ton on the opening day OF
school. Six had not filed the
placement forms. They were
denied admittance. and their
attorneys went back to Judge
Bryan.
On September IA. Judge
Bryan ordered the school board
to admit the Negroes on Sep
TENDER %. He said submission
to the placement law amounts
almost to assent to q racially
segregated school,"
On September Is. however,
Judge Ryan suspended the ef-
fective date OF his injunction
pending an appeal to the 4th
Circuit Court Of Appeals. The
case probably will be placed on
the court docket for the jan
uary term in Charlotte, N. c.
The Supreme Courts deci-
sion on the Newport News
Norfolk case presumably would
affect the Arlington case. how
ever. because many similar
points are issues in both suits.
PRINCE EDWARD COUN-
TY--Federal District Judge
Sterling Hutchinson declined
last January TO set a specific
date for indignation. The
Negro plaintiffs have appealed
this decision, and the case will
be argued here october IA be-