Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-05

viii exhaust every means To
secure earlier compliance by
Prince Edward County, .
Robert L. Carter, New York
attorney for the NAACP, said
that while he had not read the
opinion Of Judge Hutchinson,
nor conferred with other at
torneys. he felt the Negro
plaintiffs would have to APP
peal"
Judge Hutcheson's 33-pagO
ruling takes note Of events at
Little Rock, and also cites
Scion Of Ancient Greece, tur-
mol AFTER President Lincoln's
death and the prohibition era.
1t is clear. said Judge Hutch
eson. that the Supreme Court
did not anticipate hurried, Ill.
CONSIDERED action.
Explains 1865 Date
He selected the 1865 date as
being 10 years from the time
the final decree was entered
by the Supreme Court In the
original desegregation case.
The Supreme Court ruled
against school segregation in
1854 and entered its final de-
cree In 1855.
He said Judging from the
experience of other localities IL
may be observed that violence
may be within the realm Of
probability If precipitate action
is taken"
And while the consideration
Of violence Is secondary, said
Judge Hutchinson, the psy-
Geological effect Of such condi-
ton on immature children Is
a primary Importance. It must
be ever borne in mind that the
children are those for whom
the entire educational system
was devised and their inter-
ests are not to be lost sight Of
in the conflict of the adult
world in which they live"
The order directs Prince Ed
ward to start making plans for
deSegregation right away. A
progress report must be filed by
next January / with the court.
One Of Original Suits
The Prince Edward case was
one Of the original suits that
brought about the Supreme
Court ruling. A desegregation
order had been issued previ-
ously, but no time limit had
been set for compliance in the
southside Virginia county where
white residents have vowed to
abandon public schools rather
than yield to integration.
Judge Hutchinson had taken
note Of the threatened school
closing when he refused in
January, 1857, to set a speci-
nc date for desegregation. He
was overruled by the Fourth
Circuit Court of Appeals, and
the appellate court subsequent-
ly was upheld by the Supreme
Court.
The decision handed down
by Judge Hutchinson yesterday
was in response to the appel.
late courts direction.
Regarding events at Little
Rock and the 2Ha-year sus-
pension Of integration there,
Judge Hutchinson said:
1T has been demonstrated
that the hearts and minds of
men can not be controlled by
legislation nor by force"
Scion Considered Decade
Scion, said Judge Hutchinson.
considered 10 years ian appro-
PIRATE interval to allow the adj
J us TIN ents to far-reachins
changes in the customs of a
people" when he placed in
effect a new code Of laws.
The period of greatest turmoil
after President Lincoln,s death,
he continued, is regarded as
approximately IL years.
And efforts to enforce the
18th Amendment (Prohibition)
were concentrated over a period
OF IA years, he declared.
"Concededly, those yardsticks
are Of limited aid, but they
do reflect some past experience
with human behavior. No bet
ter measure has been suggested
nor has one occurred to me-"
he added.
In naming the date for com.
plance, Judge Hutchinson left
the way open for future modi-
fications, saying:
Because Of the uncertainty
OF conditions during the in
terval and the absence at this
time Of a sound basis for this
conclusion. the power to change
this date either reducing or ex.
tending the time will be ex-
pressly reserved and action
under such reservation will be
in accord with what may de-
velop in the future"
Attorneys for the National
Association for the Advance
ment of Colored People had
asked Judge Hutchinson to order
desegregation in Prince Ed
ward this September.