Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-27
Warren Board
Willing toAsk
Tax Increase
Baltimore Court
Told of Position
In Schools Case
By MARY LOU WERNER
star star Writer

BALTIMORE, Sept. 27.--The
Warren County tVa.) School
Board is willing to request a
sufficient tax increase to begin
operating county schools on an
integrated basis without State
aid, beginning with the l959-60
school year, the Fourth Circuit
Court Of Appeals was told today.
The statement was made by
w. J. Phillips. commemorative
attorney of Warren County, as
he urged the appellate court to
set aside an indignation order
which has kept Warren County
High School closed for the past
two weeks.
Mr.. Phillips said the school
board has authorized him to
say it will ask the board of
supervisors to raise the county
tax levy for 1959-60 in an
amount sufficient to operate
local schools on an integrated
basis.
State law withholds State
school funds from localities
that attempt to operate inte-
grated classes. Another law.
which already has been invoked
in Warren County. automati-
cally closes any school where
indignation takes place.
Hasty Action Implied
Earlier in the hearing one
of the three appellate judges
suggested that the school clos
ing law was invoked prema-
turely in Warren County,
since the school board had not
actually enrolled Negro students
in the white high school.
The school closing should not
have come about under Vir-
ginia law until the local board
actually enrolled the Negro
students. it was suggested.
The question of timing was
raised by Judge Morris Soper,
as the three member Fourth.
Circuit Court of Appeals met
here to consider pleas from
Warren County and Norfolk to
delay segregation.
Warren County High School
has been closed for two weeks.
Gov. Almond announced he was
assuming control of the school
under a State law which closes
any school where Indignation
takes place. The action came
when Federal Judge John Paul
issued an order requiring the
Warren County School Board
to admit 20 Negroes to the
white school.
Refusal Questioned
Judge Soper questioned why
the school board had refused to
enroll the Negro students when
they showed up at the school
board Office.
Mr.. Phillips replied that the
school board had been advised
the school no longer was under
local control. but was in the
Governors hands.
"Then, it is a fact that they
concluded to disobey the order
of the court?" asked Judge
Soper.
He said he agreed the school
board was in a difficult po-
sition. but observed that it
looked as if the school board
obeyed a letter from the Gov
ernor instead of a Federal court
integration order. He asked
Mr., Phillips under what law
the e"hoAl was closed.
"Under the States school
closing law" Mr.. Phillips re-
piled.
Timing Stressed
But that statute only comes
into play when the school board
admits the children, does it
not?" asked Judge Soper.
''I can't answer for the Gov
ernor." replied Mr.. Phillips.
Governor Almond has taken
the position that a Federal
court order requiring integra-
ton amounts to an integrated
enrolment, and therefore the
schools involved must be closed.
The school closing law was in
voked in Warren County when
the county failed at previous
attempts to win a stay of Judge
Pauls order.
Judge Soper questioned Mr..
Phillips ana Assistant Attorney
General Robert D. McIlwaine
frequently during the first sew
Ca WIN NTNyTA