Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-30
BY MARY LOU WERNER
Star star Writer

Gov. Almond was away from
Richmond for a weekend va
cation, and unavailable fol-
comment.
The Norfolk School Board
lin obedience to court instruc-
ltionS, yesterday advised Fed
Ieral Judge Walter Hoffman
THAT II Negro students will be
Ienrolled in six white schools
flor the 1889 school year.
State law requires the auto
matte closing of any school
where integration takes place
Injunction in Way
City Attorney Leonard Davis
lSaid the enrollmentS would bt
made as soon as the necessary
steps can be taken to dispose
of a State court injunction for.
bidding any student assign.
ments by the school board. HI
later said it was a distinct pos
sibility" the opening date of the
fall term would be put off.
The injunction was obtained
by white parents who contend
only the State Pupil Placement
Board has authority to assign
students in Virginia.
Judge Hoffman observed that
he previously held the place.
ment law unconstitutional on
its face" and said his ruling
was binding in Norfolk, and
also in Newport News, where
eight Negro students have ap.
piled to enter white schools.
Judge Hoffman told the
school board he would take ap-
propriate action regarding the
State court injunction when he
receives a proper petition from
the school board. Mr.. Davis
said he expected to present a
petition to the court early next
week for disposition of the in
junction.
Isl Negroes Apply
The school board told Judge
Hoffman it was making the in
tegrated assignments pursuant
to the law as interpreted by
the court" The boards state
ment. read before a packed
but quiet courtroom by Chair
man Paul Schweitzer, also said
the entire board and superin-
tendent believed the assign
ments were contrary to the best
interests of the applicants,
children in the affected schools
and the public in general.
Altogether, Isl Negro stu
dents had applied for enroll
ment in Norfolk white schools
this year. When the school
board first considered the ap-
plications. all were rejected.
| Rejected applicants chal-
lenged the boards action
Judge Hoffman SAht all ISL
applications back to the board
for reconsideration, with in
Structions that the court would
not accept racial tension OF
student isolation as valid rea-
sons for refusing to enroll Ne
gro students in white schools.
Judge Hoffman was emphatic
that he did not intend to make
any assignments, and made il
clear that he would proceed
with contempt action against
the school board if it flag
rantly" violated his 1857 de-
segregation order.
The II students which the
board yesterday agreed to en-
roll in white classes had been
turned down the first time on
the grounds Judge Eotfman
said were unacceptable.
The board yesterday said it
was rejecting again all the
other applications for rea-
sons previously stated. Most
are being rejected because they
failed to take scholastic
achievement tests or because
they took the tests and failed
to measure up to achievement
levels. Still pending in court is
a petition by students who boy
cotted the tests asking that
the entire local assignment
plan be invalidated.
The six schools where the II
Negro students will be enrolled
include all three of the city's
white high schools, and three
of the city's four white junior
high schools.
Years Delay Asked
The school board filed a mo-
ton asking a years delay in
the enrollmentS. If the motion
is denied, the city would be in
a position to appeal the denial
but that still would leave the
assignments intact. Judge
Hoffman gave no indication of
passing on the motion before
schools are due to open. He
still has further arguments to
hear on one facet of the case
involving school boundary lines
around Norview Elementary.
Mr.. Davis said he believed
the city also could appeal Judge
Hoffman's Interpretation of the
law. A number of exceptions
to Judge Hofman's interpreta-
tons we're filed by the school
board yesterday.
Judge Hoffman in February,
1857. issued the original order
directing Norfolk to proceed
with desegregation. Appeals
delayed the order taking effect
until the following october.
Schools already had started for
the year. so this September is
the first school term bound by