Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-11

senting the az Negro students,
said there have been court
orders to desegregate in Vir-
ginia since 1856, yet no Negro
child has been admitted to q
white school.
He added that in Warren
County. the school situation
was illegal "even with a sepa-
rate but equal doctrine"
OficiaI Position
Referring to virginia's off,
cial position on desegregation,
Mr.. Hill continued: IAN they
seek to do is gain stays. AS
long as they can keep from
testing the constitutionality of
the fund cutoff and the like,
they can keep the pressure on
the localities and keep them
from acting on their own" He
noted that Arlington had
planned to start program Of
gradual desegregation in 1856,
but had been thwarted by
State action.
After the hearing Mr.. Harri-
son again was asked If the
courts action meant the school
would close on Monday.
THE law speaks for itself"
he declared. He had no fur
ther comment on any further
legal action the State or county
might take. The Warren
County School Board was to
meet in regular session later
today. Mr.. Gasque said the
school closing question would
come up, and he saw no way
the county could avoid closing
the school.
/ From Judge Sobeloff's COM
ments, it appeared that the
county's only hope of gaining
more time would be to offer a
concrete desegregation plan in
a hurry.
The failure to win a stay
does not mean the State and
county cannot appeal the case.
Judge Soheloff indicated the
appellate court would convene
expeditiously to hear an appeal.
But it does mean Judge Paul's
order is effective in the mean
time.
Cited Lack of Facilities
In granting the Negroes ap-
plications in Warren County,
Judge Paul held that they
were entitled to attend the
school because the county had
no Negro high school facilities
for them. Most of the county's
Negro high school students are
boarded so miles away at the
Manassas Regional High
School. Others attend a high
school at Berryville in adjacent
Clarke County. The county has
slightly more than. 100 Negro
students of high school age.
Judge Paul's action took the
form of a preliminary injunc-
ton forbidding the school board
from denying the Negroes ad-
mission to the high school. He
refused, however, to grant a
preliminary injunction for sew
eral elementary Negro students,
noting that they could continue
to attend their own school
pending final adjudication of
the case.
Warren County, about 70
miles northwest of Washington,
has approximately $4,000 resi-
dents. There are 10 white resi-
dents for every one Negro.
At today's hearing before
Judge Sobeloff, tentative az
arrangements were made to hear
a plan for stay in the Char
lottesville indignation case. He
said he would hear q plea in
that case the first part of next
week, if Judge Paul refuses, to
grant a stay.
Formal Order Due
On Saturday Judge Paul will
sign a formal order requiring
admission of IL Negro students
into two white Charlottesville
schools. He has advised attor-
neys he viii hear their pleas for
! a stay at that time.
A stay would suspend opera
ton Of the order indefinitely
while the case is appealed. If he
refuses to grant a stay, attorneys
for the city and State hope to
persuade Judge Paul to delay
enforcement of the order for a
few days to give them time to
ask Judge Sobeloff for a stay in
that case, as they did in the
Warren County case.