Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-17

After a 31a-hour discussion
he declined to grant or refuse
the stay. He said he would
neither uphold nor disturb the
order by Federal District Judge
John Paul, until he read thor
oughly a mass of material on
the case.
Meanwhile, the two Char
lottesville schools-Lane High
School and Venable Elementary
School-remained closed. And
none of the Virginia lawyers
seeking the stay - Attorney
General Albertis Harrison. his
special assistant, Henry Wick
ham, or John S. Battle, jr.. rep
resenting the city's school board
would say when the institu-
tons might reopen.
Judge Sobeloff at one point
yesterday asked Mr.. Battle:
"You are not under any State
order to close, are you?"
No State Order
mo, sir" replied the son Of
the former Virginia Governor
and present member of the
Federal Civil Rights Commits
sion. But he added later:
"What the State does is beyond
our control in Charlottesville.
I'VE have closed these two
schools until the coming Mon
day, pending the decision on
a stay"
But Judge Sobeloff pressed:
Exactly what is your expec-
tation? Will they stay closed
or not?"
Mr.. Battle replied hesitantly:
81 suspect they will be closed by
order Of the State If the stay
is NOT granted.
Under Virginia law, inte-
grated schools are closed auto
matically.
Judge Sobeloff repeatedly
told the Virginians their plea
for a stay would be on f1rmer
footing if they could add as
surances that Charlottesville
actually intends to integrate.
my mind isn't closed to APP
peals for a stay" he declared.
eff I'm given a good reason. If
you want a stay to bring an
end ultimately, not immedi-
ately, to discrimination, that is
one thing. But on the other
hand if it is policy to frus-
trate the courts DEGREES, how
can any judge feel justified to
grant a stay?"
Mr.. Battle answered: II hope
you won't consider this a block.
Charlottesville was the first
community in Virginia to adopt
any program that would inte-
crate students"
He said the Charlottesville
School Board, in preamble to
its resolution establishing pub
lie school districts. recognized
''it cannot discriminate" And
he remarked:
THE school authorities in
Charlottesville take the posi-
ton there's going to be inte-
grafton there, but during this
period of transition they need
time"
Neither Mr.. Battle nor the
other two Virginia attorneys
would say, however, when inte-
grafton would take place in
Charlottesville.
Mr.. Battle showed the Judge
q map of city school districts
and results Of scholastic tests
given the Negro applicants to
white schools. He said most
applicants we're rejected be-
cause they either lived in the
wrong district or scored too low
on the tests.
Pinp0ints Case
Judge Sobeloff pointed on
the map to the indicated resi-
dency of one applicant, a girl.
"She lives a block from Ven-
able School. Is she qualified
academically?"
Eyes sir" Mr.. Battle replied,
'but she is in another district. :"
Even though she's right
across the street from Venable
she is in a district served by
another SCHOOL," the judge
asked. eyes, sir" Mr.. Battle
said.
The Charlottesville attorney
did not attempt to defend. how
ever, one rejection by the school
board. This concerned John j.
Martin, who sought admission
to Lane High School. He was
turned down, Mr.. Battle said,
because he was doing so well
at his present school.
"Under your system" the
judge observed, "one child is
excluded because he isn't doing