Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-04

Continued From First Page
10 use race as a factor" said
Mr.. Robinson.
Il don't think you need to
argue that" observed Judge
Bryan.
Rights "Infringed"
The situation that has de-
yeloped in Arlington said Mr..
Robinson, is that when Negro
or white student seeks to ex-
ercise these constitutional
rights. those rights will be
measured by these criteria."
In applying the criteria. Mr..
Robinson said, the school board
'infringed on the rights guar
anteed everyone under the
Fourteenth Amendment"
Mr.. Robinson said none of
the Negro students survived
the application Of these cri-
terra"
Judge Bryan asked II some
Of the criteria. such as attend
ance areas, overcrowding. and
possible achievement. are ap-
plicable to all students.
Mr.. Robinson replied that ac-
cording to testimony only the
interracial applications were
measured by all of the criteria.
and added that "the only rea-
son they were promulgated was
because of the race of the stu
dents"
Stresses Adaptability
And even if some of the cri-
terra have been used for other
students. said Mr.. Robinson,
"our position is it was applied
In a different fashion because
of the race of the children
involved.
He dealt specifically with
the psychological and adapt
ability categories, which we're
T.. among reasons the school
board gave for disappearing
the applications.
He challenged the psyche
logical conclusions because they
were based on the findings of a
psychologist who did not APP
pear in court and pointed out
that a psychologist who took
the stand for the Negroes dis
puted the conclusions reached
In most of those cases.
Mr.. Robinson likened the
adaptability category to the
isolation category that the
Norfolk School Board at
tempted to use in passing on
Negro applications in that city.
Judge Walter Hoffman ruled
out isolation as a valid reason
for denying applications in the
Norfolk case, and students who
were placed in that category
are among II Negro students
whom the Norfolk School Board
has agreed to enroll in white
classes.
Board Power Challenged
The Arlington School Board,
said Mr.. Robinson. is attempt
ing to say to those students in
the adaptability category that
they would be better of going
back to the all-Negro Hoffman
Boston School.
He said he did not think the
school board had the power to
say student could not exer-
else his constitutional right on
grounds of what might be best
for the student.
And he repeated a statement
he had made in the Norfolk
case that Learning to adapt
and get along is nothing for a
Negro-from the day he is
born to the day he dies he is
fighting to be accepted"
In concluding his arguments.
MIR. Simmonds told Judge Bryan
that the school board "has sin
cerely attempted to carry out
the orders Of this court" How
ever, the attorney said, the
board is State agent and felt
1t was its duty to refer the
applications to the placement
board.
Board members, he said, ARE
willing to accept" the place
ment authority if the court so
rules.
"They have done a conscien-
tious job" and the screening
standards "are reasonable and
certainly not based on race"
Mr.. Simmonds then asked
that Judge Bryan not set aside
the school boards rejection of
the Negro applications.
Immediately before the final
arguments began. Judge Albert
v. Bryan in Alexandria Federal
Court, Attorney A. B. Scott,
counsel for the State Pupil
Placement Board. renewed a
motion to dismiss the action.
The 30 Negro students are
asking the court to order the
school board to enroll them in
Mr.. Scott said it was his
position the school board is
not the proper agency to make
any assignments, therefore the
action is invalid.
I'VE take the position the
plaintiffs are attempting to
shoe the wrong horse" said
Mr.. Scott.
The case was expected to
reach Judge Bryan for a deci-
sion later today. He has not
indicated, however, whether he
will rule Immediately or take
the case under advisement.
He has asked attorneys to dis
cuss how the Arlington case
might be affected by the Little
Rock case now before the Su-
preme Court. If he decides to
withhold a decision pending