Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-26

Next Step. Poee b.
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fere with lower court DEGREES di-
recting Arlington and Char
lottesville to proceed with de-
segregation.
Attorneys have IS days to
ask for a rehearing, and it usu-
ally takes another 10 days for
the Supreme Court to certify the
decision to the appeals court
which. in turn, will issue man.
date to the Federal Courts di-
rectly nvolved-Judge Albert v.
Bryan in the Arlington case and
Judge John Paul in the Char
lottesville case.
Thus within one month Ar
lington and Charlottesville will
be confronted with Federal man
dates directing desegregation of
their public school systems.
Placement Program to Get Test
In his original order Judge
Bryan had ordered desegrega-
ton of Arlington elementary
schools by this last January 81,
and of secondary schools by next
September i. Judge Paul had
ordered desegregation by last
September in Charlottesville.
Both DEGREES were held in abey-
ance, however. while appeals
were carried to the Supreme
Court.
When the mandates are re-
turned, Virginia expects to put
the States new pupil placement
program to its first practical test.
The placement plan was part
of the legislative package the
Virginia General Assembly
adopted last September to pre-
vent indignation in the States
public schools. 1t provides for
assignment of students for a
variety of reasons. excluding
race, by a three-member board
appointed by the Governor.
All school districts in the
State already have been pro-
Eyided with placement applica-
tions which students must fill
out if they seek to change schools
or If they are entering a local
school system for the first time.
Test to Come Next Fall
State officials and spokesman
for the National Association for
the Advancement of Colored
People both indicated after yes
terday's decision that it was
unlikely there would be any i'm
mediate applications for trans
fer of Negro students to white
schools. since the current school
term is we'll under way. They ex-
pect the test to come in time
for the opening of school next
fall, however.
In the meantime, the NAACP
is pressing to have the placement
law lnvalidated. Federal Judge
Walter Hoffman already has
ruled in the Norfolk and New
port News deSegregation cases
that the placement law is "un-
constitutional on its face" Judge
Hoffman cited other new Vir-
GINA laws to show that the
whole program was adopted to
thwart the Supreme Court de-
segregation decision. Among the
other laws is one that auto
matically cuts off State funds
from any schools that integrate.
Despite Judge Hoffmans rul-
ing, the State is pinning its
hopes for further delay of inte-
grafton on the placement plan.
Judge Hoffman's ruling is being
appealed. Until affirmed by a
higher court, his opinion is not
binding on Federal Courts OF
parallel jurisdiction-like those
of Judge Bryan in Alexandria
and Judge Paul in Charlottes-
vile.
Judge Hoffman's ruling came
on a motion in which the place
ment plan was cited as a reason
for dismiSsing the Norfolk and
Newport News deSegregation
caSes-and not on actual use of
the placement procedure.
The Arlington County School
Board once attempted to comply
with the Supreme Court desegre-
cation decision by announcing in
January, 1856. a tentative in
tegration plan--subject to State
approval
After the Arlington School
Boards announcement. the Gen.
eral Assembly strapped the Gray
plan which would have per-
mitted some integration and in
stead adopted the legislative
program sponsored by Gov.
Stanley to preserve segregation
at the cost of closing schools