Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-09-17

Federal Court to Judge Albert
v. Bryan's order of Saturday
to integrate four schools next
Monday.
James H. Simmonds and
Frank L. Ball, ST.. attorneys
for the County School Board,
said they would present a re-
quest for a stay Of the effective
date directly to Judge Bryan as
soon as an appointment can
be arranged.
Judge Bryan was at a judicial
conference in Washington yes
terday and is expected to at
tend the conference again to-
day. Mr.. Simmonds said. He
said It likely would be tomor-
row before the attorneys can
take their plea to him.
May Go TO 9Th Circuit
The Arlington attorneys and
Kenneth Patty, Virginia attor-
ney general. said If Judge Bryan
refuses their request, they will
ask a stay from one Of the
judges Of the Fourth Federal
Circuit Court Of Appeals.
An extension of time would
allow Arlington to continue seq
regated schools while the school
board seeks to get Bryan's SAT-
urday desegregation ruling
thrown out by the appeals
court.
A stay also would maintain
the status quo presumably until
the United States Supreme
Court rules on the constitution
atty Of Virginia's Pupil Place
'ment Act. The placement act
win come before the Supreme
Court next month In the Nor
folk and Newport News deseg-
regation cases.
In these cases. the court of
appeals has held the placement
act unconstitutional.
State Law Held In Effect
Mr.. Patty said the States
position is that the placement
law is in effect until the issue
of its Constitutionality finally
is adjudicated by the Supreme
Court.
The Attorney General ad-
mitted that the Arlington
School Board Is ION the horns
Of q dilemma" The county
school board is required to
carry out the State laws de-
signed to maintain segregation
while at the same time is under
a Federal court order to admit
Negro students to white schools.
He would not speculate on
what would happen in Airing
ton on Monday If the county
is refused an extension of
time on Judge Bryan's order.
"One thing is sure. no State
funds can be used to operate
an integrated school," he said.
Under Virginia's mo integra-
ton" legislation. funds are au.
tomatically cut of when a
school Is integrated and the
funds remain cut of so long
as Negroes and whites are in
the same school.
State Aid Is STA Million
Arlington expects to get about
$1.4 million in State aid during
fiscal l957-1958. The biggest
item is $l,l97.000 in pupil
teacher ratio aid. paid on q
quarterly basis. So far the
county has received only $685..
ESQ. The second installment i:
due before January /.
The remaining $4,000 OF
the $1.4 million is divided
among various special aic
projects such as transportation
and text books, and none Of II
has been received yet by the
county.
The Governor can close ar
integrated school and try tt
talk the Negroes into leaving
II he fails. the county can ash
to have. the school returned
and can operate it with loca
funds.
Arlington School BoarC
Chairman James @. StockarC
also declined to make a predic'
ton Of what will happen Mon,
day II a stay is not granted.
Hopes for Early Decision
THE board wants due proc
ess Of law to operate and Civ
us as final a conclusion al
possible before Monday morn
ing. We're hoping for an earl!
decision from the court 81
we'll know how to plan TO
next week." he said.
State Senator Charles r
Fenwick Of Arlington said n,
was very sorry" that Judg,
Bryan ordered the admittancu
Of the seven students.
II had hoped the matte
would be further delayed unit
the Supreme Court had passe'
on the Norfolk and Newpor
News cases." Senator Fenwicl
said.
CONVENTIONS