Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-05-19
Ar|ingtonFaiIs
In High Court
School Appeal
Refusal of Review,
In Effect, UphoIds
Indignation Order
BY MARY LOU WERNER
star star Writer

star stan Writer
The Supreme Court today
refused to review a decision
directing Arlington County to
enroll Negroes in white schools.
In effect, the high courts ac-
ton upholds a decree issued
last September by Alexandria
Federal Judge Albert v. Bryan
ordering Arlington TO admit
seven Negro students TO four
white schools.
Judge Bryan had suspended
enforcement of his indignation
order pending outcome of an
appeal by the State and county
Technically. Judge Bryan's or
der becomes effective as soon
as official word of the Supreme
Court action filters down TO the
lower court - which usually
takes only a few days.
This raises a possibility the
Negro students involved may
show up at their selected white
schools when the mandate
takes effect.
But with the school term
nearly over, Judge Bryan pre-
sumably would choose to up
date his edict-putting it into
effect with the next regular
school session beginning Sep
TENDER 4. or the summer ses-
sion. June l6.
First Direct Order
1t is the first direct integra-
ton order issued so far against
a Virginia community. Vir-
ginia's other pending race
cases do not yet involve spe-
cific applications of Negro stu
dents to attend schools of their
choice, although Negroes are
expected to show up at white
schools in a number of locali-
ties when fall classes begin.
The minute Negroes enter
white schools, State anti-in-
tegration laws provide for the
automatic closing of the af-
fected schools.
There are 4,466 white stu
dents enrolled at the four
schools the Negroes seek to at
tend. Presumably, they would
go without schooling while their
schools are closed since the
county would find it difficult
to absorb so many students in
to other classes.
To turn the Negro students
away could invoke contempt
action against the Arlington
school board. or the State Pupil
Placement Board if it is estab-
lished that the placement board
now holds all assignment
powers.
The Fourth Circuit Court of
Appeals, in unfolding Judge
Bryan's indignation order last
February. commented that he
had taken the "milder course"
rather than citing the county
school board for contempt.
No Time Limit
When school automatically
closes because of integration,
the governor is supposed to at
tempt to reorganize the school
on a segregated basis. No time
limit is specified.
The law further provides
that the local school board and
county board may ask the gov
ernor to relinquish control of
a closed school, and return it
10 the county. The governor has
the discretion to yield to the
locality's request, or retain con-
troll of the closed school as he
sees fit.
Any locality that attempts to
operate integrated schools will
lose all State aid for its Sec
ondary or elementary schools,
whichever is involved. In Ar
lington, both elementary and
secondary schools are involved.
During the current fiscal year,
the State is contributing APP
proximately $l.4 million toward
the total school operating bud
get of sos million. The Fed
ersl Government contributes
s1.2 million. and the county
finances the SO million balance.