Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-08-13
Second Negro
Asks Arlington
School Change

A second Negro student has
applied for transfer to a white
school in Arlington County.
George Tyrone Nelson, IA
yeaf-old son of Pvt. George M.
Nelson. jr., of the Metropolitan
Police force, filed an applica-
ton yesterday for transfer
from Hoffman, Boston School
to Stratford Junior High
School.
The first application was filed
last week by 15-year-old Sadie
H. Phillips, who is seeking
transfer from Hoffman Boston
to Washington Lee High
School.
Under Virginia anti-integra-
ton legislation. both applica-
tons will 60 to the State Pupil
Placement Board for consider
alton. The boards next meet
ing is August 20 in Richmond.
The Nelson youth has COM
pleted the eighth grade at
Hoffman-Boston and is due to
enter the ninth grade when
schools open September S.
He said he decided to seek
the transfer Ito help solve
the indignation problem by
breaking the ice and making it
easier for the children who
follow"
His home at zoos North
Cameron street is about a half
mile from all-white Stratford
and about six miles from Hoff-
man-Boston.
The Arlington County School
Board has decided to pass all
such applications on to the
State Placement Board without
any recommendations.
A Federal Court injunction is
in force against the Arlington
County School Board, forbid
ding racial discrimination in
county schools.
Schools in Dilemma
If Negro students fail to win
transfer to white schools, they
are expected to 60 back to
court and complain that Ar
lington is violating the injunc-
ton.
But If they do win transfer,
the white schools involved are
subject to closing by the Gov
ernor and the county will lose
State school funds.
The placement law mean
while is headed for the Su-
preme Court in the Norfolk and
Newport News desegregation
cases.
Judge Walter Hoffman ruled
it was invalid in those cases.
and his opinion was upheld by
the Fourth Circuit Court of
Appeals. Yesterday. Norfolk
and Newport News school Of
ficials asked the Supreme Court
to review their cases.
Appeal Has New Emphasis
A new emphasis is made in
this latest appeal: That is that
the Fourth Circuit Court of
Appeals was in error in holding
the act unconstitutional at a
time when it was being tested
in Virginia's highest state
court.
This is a reference to a suit
filed by a Fairfax mother, Mrs.
Theo T. DeFebio, challenging
constitutionality Of the act.
The Virginia Supreme Court
Of Appeals has been asked for
a writ Of mandamus requiring
Fairfax school officials to REIN
state in school Mrs. DeFebio's
two sons. expelled under pro-
visions Of the act. The boys
were expelled because Mrs. De-
Febio refused to sign place
ment forms prescribed by the
Pupil Placement Board under
the act.
Time Difference Noted
The DeFebio suit had not been
lied when the Norfolk and New
port News cases were tried be-
fore Judge Hoffman last winter
But the DeFebio case was pend
ing on July Is when the 4th
Circuit Court upheld Hoffman's
ruling in the two cases.
Defense lawyers at that time
said they would appeal to the
United States Supreme Court.
The Circuit Court granted a
defense request that Hoffman's
desegregation order be held up
until the case was finally de-
cided by the highest court.
The United States Supreme
Court. now in recess for the
summer. is not expected to act
on the matter until October.