Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-01-24
Prince Edward Wins
Desegregation Stay
U. S. Judge Sees
DeudIine Now
As 'Unwise'

RICHMOND, Jan. "a P9.--
Prince Edward County. Va,
where one of the initial suits
resulting in the Supreme Court
school desegregation decision
originated. has won an indefinite
time extension to comply with
the edict.
Federal Judge Sterling Hutch.
|eson declined yesterday to set q
desegregation deadline for the
scuthside county in the heart of
Virginia's BLACK belt" and de-
clared:
I'm the present state of un-
rest and racial tension in the
county it would be unwise to
attempt to force a change Of
the system until the entire situa-
Etion can be considered and adj
justmefits gradually brought
about.
The National Association for
the Advancement of Colored
People had asked that next
September be set as the deadline
for desegregation Of Prince Ed
ward schools.
Retains Jurisdiction 5
Judge Hutchinson did not dis
miss the six-year-old case, hoW-
ever, and retained jurisdiction
so the Negro attorneys at a later
date may renew their motion for
desegregation latter the defen-
dants have been afforded a rea-
sonable time to effect a solution"
Judge Hutchinson did not pass
on the constitutionality of Vr-
,ginia's new pupil placement law.
which the State had used as a
defense in asking dismissal Of
the suit. In the Newport News
and Norfolk desegregation cases,
however, Judge Walter E. Hoff-
man held that the pupil place.
ment law was unconstitutional.
Those cases also are going to
be appealed as soon as final de-
crees are entered.
While not setting a time limit
for desegregation, Judge Hutche-
son made it clear the Supreme
Courts decision against segre-
gated schools should be en-
forced.
! ct believe the problems to be
capable of solution but they will
require patience, time and q
sympathetic understanding. They
cannot be solved by jealous adj
vocates, by an emotional APP
proach, nor by those with selfish
interests to advance"
Handicap to Child Seen
! Judge Hutcheson took note
that officials of Prince Edward
had promised to close the schools
before submitting to indignation.
AN interrupted education of
one year or even six months at
that age places a serious handi-
cap upon the child which the
average one may not overcome, {"
he said in the 31-page opinion.
1T is my belief that at this time
a continuation of present meth
DDS could not be so harmful as
an interrupted education"
Judge Hutchinson said the ap-
parent inaction of Prince Ed.
wards school board on school
desegregation since the Supreme
Court ordered it on May 81.
1855, docs not necessarily show
noncompliance"
The Federal Judge said that it
took the high court itself more
than three years to act finally
after the appeal in the Prince
Edward case was granted in May
of 1852.
I find that the defendants
tthe school board) by submitting
the usual budget requesting an
preparations have done all that
reasonably could be expected Of
the min this period of transition.
Judge Hutcheson's decision to
allow additional time for a solu-
ton of the Prince Edward school
problem was in sharp contrast
TO decisions of Judge John Paul
IN the Charlottesville case and
Judge Albert v. Bryan in the
Arlington case. Both judges Or
dered a start on desegregation
by set dates-last September in
Charlottesville and February /
IN Arlington. These decisions
were upheld December 81 by the
Fourth Circuit Court of Appeals
but a stay of that courts mani
date has been granted for an ap-
peal to the Supreme Court.