Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-10-14
Resegregotion' Issue
In Knoxville Case

only Negro elementary school and
so Negroes from elsewhere trans
ferred in.
The Virginia city's desegre-
cation plan is written in general
terms and provides for transfers
after consideration of residence,
personal desires, course needs and
other similar factors.
Under this plan, the Fourth Cir
cult Court said, students were as
signed to school districts where
they lived but were permitted to
transfer out Of schools where they
were in a racial minority.
Transfers to Whites
White students who wanted to
leave the city's Negro school dis
trict were given transfers under
the plan. But II Negro students
in the same school district had
their transfer requests denied.
The school board said there was
mo academic advantage" to
transferring the Negroes. They
sued. District Court Judge John
Paul upheld the minority transfer
rule, but three judges Of the
Fourth Circuit Court of Appeals
then said the elementary school
transfer plan was Clearly
invalid"
Judges Simon E. Sobeloff, Her
bert s. Foreman and J. Spencer
Bell, in the majority's opinion,
said it appeared the purpose and
effect of the minority transfer
rule was to retain racial segre-
cation.
The majority rejected the view,
urged in a dissenting opinion by
Judges Albert v. Bryan and Glenn
ent F. Haynsworth, that the
transfer provision was not dis
criminatory because it was avail
able to both races.
The school board 'is well
aware" the majority said, that
under the rule white students in
the Negro school district could
transfer out while "the colored
children will be denied this
privilege"
1.-THE seeming equality Of the
language (of the minority transfer
rule) is delusive, the actual effect
of the rule is unequal and dis
criminatory," the majority said in
its opinion.
Petition to Review
In asking that the Supreme
Court review the Fourth Circuit
Courts ruling, John S. Battle, jr,,
one of the school boards attor-
MES, said the board has asked
the high court to stay the lower
courts ruling.
Under the mandate Of the
Fourth Circuit Court, the II Ne
gro pupils who sued will have to
be enrolled in the schools of their
choice unless the Supreme Court
stays this pending its ruling on
the appeal request.
Backed up behind the Char
lottesville case are district court
rulings upholding minority trans
fer plans for Arlington, Roanoke,
Lynchburg and Warren County,
the school boards brief said.
The Supreme Court can agree
to hear the Charlottesville case,
refuse to review it or delay de-
cision on this question until the
high court rules finally in the
similar Knoxville case.
In accepting the Knoxville case.
the high court reversed somewhat
q position it took three years ago
when it refused to review Nash
vile case involving, among other
things, a minority transfer rule.
At the time the court refused
the Nashville case, Chief Justice
Warren and Justices Douglas and
Brennan said they thought the
court should have examined the
racial transfer aspect of the case.
The decision not to take the
case left standing Nashville's plan
for gradual desegregation, includ-
ing the minority transfer rule that
the high court, which has two
new justices, now will examine.