Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-01-12


General J. Lindsay Almond. jr.,
announced that the ruling would
be carried to the United States
Fourth Circuit Court of Appeals.
The States appeal probably
will be filed on the decision ex-
pected after arguments on the
two cases scheduled for February
11-13. Yesterdays ruling by
Judge Hoffman was on his denial
of a motion to dismiss the suits
and, in itself, can not be ap-
pealed.
just two months ago. the
Fourth Circuit held that North
Cardinals pupil placement legis-
lation was not unconstitutional
on it's face. That ruling is ex-
pected to figure prominently
when Mr.. Almond attempts to
persuade the appeals court that
Judge Hoffman should be re-
verSed.
Different Legislation
But there are major differ
ences in the kind of placement
legislation adopted by North
Carolina. and the course Virginia
has followed in attempting to
prevent any degree of integra-
ton whatsoever.
Ironically. the North Carolina
law which has survived its first
legal test is much like the or
iginal pupil placement legisla-
ton proposed by the Gray Com
mission for Virginia-but which
was strapped in favor of the
more drastic Stanley plan.
The major resemblance be-
tween the current Virginia laws
and the North Carolina plan is
that both provide for placement
of pupils for a variety of rea-
sons other than race.
In North Carolina. however,
the assigning is done by the local
school boards of each COM
munity-based on the standards
set up in the law. In Virginia,
the assignments are supposed to
be made by the new three-mem-
Der State Pupil Placement Board.
Both Provide Tuition
Both the North Carolina and
Virginia laws provide for the pay
ment of tuition grants for chill
dren to attend private schools
when parents object to sending
them to integrated schools.
In Virginia, there apparently
isn't much chance of an inte-
grated school because parts of
the resistance program provide
for the closing by the Governor
and the withholding of State
funds from any schools where
races are mixed.
The North Carolina program
contains a safety valve" that
would permit the closing Of
schools by local vote if an lin
tolerable" situation exists. Gov.
Luther Hodges, however, has said
that he doubts the safety valve
closing would ever be used.
1t is apparent the courts are
kcenly aware of the different
effects of the legislative pro-
grams in North Carolina and
Virginia. North Cardinals laws
do not attempt to say there
won't be any indignation what
soever. while in Virginia it has
been made clear the new legis-
lation is intended to prevent any
crack in the States traditionally
segregated school system.
Provisions Cited
The three-judge appeals court
noted in the North Carolina
case that the States new pupil
placement program provides for
student enrollments 80 as to
provide for the orderly and eff
cient administration of such
public schools, the effective in
struction of the pupils enrolled,
and the health. safety and
general welfare of such pupils. -
The court went on to say:
Surely. the standards thus pre-
Scribed are not on their face in
sufficient to sustain the exercise
of the administrative power
conferred :"
At another point. the Judge