Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-20
Won tAssiun
Negro Pupils,
Judge Says

NORFOLK. va. Aug. 20
(AP).-Federal District Judge
Walter e. Hoffman said today
he won't assign Negro pupils to
white schools to which they
seek admission because "that is
the duty Of the Norfolk school
board"
His statement appeared to
toss back the Job Of making
integrated assignments to the
local school board, which on
Monday turned down all Negro
applications to enter white
schools.
It also appeared to strengthen
the possibility of contempt &C
ton against the board, which
the Judge previously had
warned was possible Of his de-
segregation order is not obeyed.
When the school board on
Monday rejected all the Negro
transfer applications, the move
was interpreted as placing the
burden Of making any inte-
grated assignments on the
court. This is the course that
was followed in the Arlington
case last year, when Federal
Judge Albert v. Bryan assigned
seven Negro students to four
white schools. His order was
not carried out last year, how
ever, because Of an appeal.
Left to Judges
Apparently on the assump-
ton that Judge Bryan's ruling
would set a precedent, it has
been evident that State strategy
was to leave it up to Federal
courts to make any integrated
assignments.
But Judge Hoffman today
made 1t clear he did not in
tend to make such assignments.
He made his statement, he said,
because of published reports
that he may make such assign
ments.
The judges remarks were
made from the bench at the
opening of a hearing on a mo-
ton by 80 Negro pupils that the
court direct the school board
to assign them to white schools
to which they had been denied
admission.
The hearing was postponed
until tomorrow at the request of
school board attorneys who said
they had not had enough time
to prepare proper answers to
the petitions.
Other Developments
In other school segregation
developments around Virginia:
l. Gov. Almond told a press
conference yesterday he be-
lieves recent court decisions
that would force the mixing
of the races in the States
public schools has caused senti-
ment in support of the massive
resistance policy to be stronger
today than it has been before. I"
2. Attorneys in Charlottesville
were preparing a petition for an
injunction to keep the city
school board from assigning any
pupils to public schools. A sim
liar injunction was issued
against the Norfolk School
Board Monday by Justices Will
lis D. Miller and Harold F..
Snead of the State Supreme
Court of Appeals.
The 80 children involved in
tomorrow's hearing at Norfolk
are among 88 Negro students
who submitted to tests and in
terviews required by the Norfolk
School Board as part of its
pupil assignment plan. An
other SO Negro applicants boy
cotted the tests.
Board Action Challenged
The school board denied all
the transfer requests. Of the
88 who took the tests, 80
through their attorney are
challenging the school boards
action. Those who boycotted
the tests are challenging the
entire assignment plan in a sep
arate court action.
Those who took the tests, as
we'll as those who did not, are
asking the court to order them
into the white schools where
they applied. Judge Hoffman
has said he will hold court day
and night if necessary to pass
on the rejected applications of
those who took the tests. He
has taken the case of those who
boycotted the tests under ad-
visement.