Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-26

the board gave for denying
them are not acceptable to the
court.
Judge Hoffman did not take
it upon himself TO assign any
Of the Negro students to white
schools.
But his action apparently
confronts the board with the
necessity Of assigning at least
16 Negro students to white
schools, or facing contempt
action.
Report Due Friday
The board has instructions
TO report back to Judge Hoff-
man at 10 am. Friday. Chair
man Paul Schweitzer and Supt.
j. j. Brewbaker said the board
would not announce any action
on the applications until FRI
days appearance in court. They
said the board would begin
reviewing the applications inn
mediately.
The 16 students who appear
to be In line for assignment to
five white schools were re-
jected because of racial tension
in the schools where they ap-
piled. and prospective isolation
In predominantly white classes.
Judge Hoffman said he did
not consider these reasons
valid. At the time he read his
instructions from the bench,
only is students we're involved
in the tension and isolation
categories. The sixteenth was
added by stipulation later in
the day. other rejected appli-
cants have until 10 am. to-
morrow to challenge the school
boards action.
Judge HOFFMAN said he did
believe the board was justified
In rejecting applicants who were
not enthusiastically qualified to
enter the schools of their choice,
and those who would face a Sec
ond transfer a year from now
when a new school is built in
their neighborhood.
Calls for Committeeman
He suggested, however, that
the board might want to re-
consider the cases of some first
and second graders rejected for
inadequate achievement, noting
that educators did not seem to
feel achievement was too vital
at that stage.
In the case Of students re-
Jected because Of too many
prospective transfers, Judge
Hoffman cautioned the school
board to be certain the students
definitely would be transferred
Q year from now.
For the time being, Judge
Hoffman advised the board that
Negro applicants who refused
to take achievement tests and
appear for interviews may be
turned down. Students who
boycotted the testing program
are challenging Norfolk's stu
dent assignment plan in a sepa-
rate court action.
He also said he felt the board
was justified in rejecting the
application Of one Negro child
who lived closer to a Negro
school than the white school
where he applied.
Contempt Action Indicated
A majority of the applicants
were rejected for the reasons
Judge Hoffman found accept
able. Sixty-three were turned
down because they boycotted
the tests, so for lack of scholas-
tic achievement and nine be-
cause they would have to be
transferred again next year.
The possibility of contempt
action was implicit in Judge
Hoffman's instructions, as he
repeated for the third day in a
row that he had no intention
Of making any assignments
himself.
II shall not require you to
admit any specific child" he de-
clared. THE consequences of
your further action should rest
with your own conscience con-
siStent with your duty to adhere
to the principles of law which
I have stated and will state. I
do not mean to imply that !
shall shirk my duty if, after
considering this lengthy state
ment, you continue to rest upon
your prior action"
He told board members they
may feel that they are making
assignments under compulsion,
but it is not compulSion by the
judge of this court as an in
dividual; it is merely adherence
to the law of the land"
The question of racial ten
sion, said Judge Hoffman, had
been settled by the Eighth Cir
cult Court of Appeals when it
overruled the 21a-year delay
granted by Judge Harry j. Lem
ley in Little Rock. The Supreme
Court has been reconvened to
consider that case on Thursday
Not Legal Excuse
Action Of the Eighth Circuit,
he declared, ''precludeS further
consideration Of a plea of prob
able racial tension or racial
violence as a sole legal excuse
for denying an otherwise quail
1f1ed Negro child admittance
into a previously all-white
school,"
Whether the stay is vacated
In the Little Rock case "iS of