The Ithaca Journal from Ithaca, New York • Page 11

in I Wednesday, August 19, 1970 ITHACA JOURNAL 11 Seven-Year-Old Cincinnati Case Waits Seven- 1' Supreme Courl to 5 ui esolve 'Be Facto' Se esolve 'Be Facto' Se! I egation? 11111 MI MI By WILLIAM RINGLE Gannett News Service WASHINGTON (GNS) Almost seven years ago, on Nov. 6, 1963, the father of a little Negro girl, Tina Deal, contended that she was being denied her constitutional rights because she was attending a predominantly black school in Cincinnati. Some 76 years had elapsed since Ohio abolished segregation in its public schools. So Tina By WILLIAM Gannett News WASHINGTON I most seven years 6, 1963, the fathE Negro girl, Tina tended that she nied her constitutk cause she was att dominantly black cinnati. Some 76 years since Ohio abolish( in its public Rh( was not complaining about a law, as southern Negro pupils had a decade earlier.

But the segregation she complained of was no less complete, even though there had been no official act to establish it. It was known as "de facto" segregation. Now, in a first-floor room below the U.S. Supreme Court's chambers, two large brown cardboard boxes contain the records of those seven years of and U.S. courts of appeals the judicial stratum just under the Supreme Court, have decided the issue both ways, the courts in Tina Deal's case unanimously came down on the side of the Cincinnati school board.

They found: --The school board had no constitutional duty to balance the races in the Cincinnati school system. "The constitution prohibited enforced segregation, but did not require forced inte If Mitchell is correct, it will mean that the court will finally face up to an issue it has repeatedly ducked in the past. For northern cities, especially those where large numbers of Negroes have jammed into ghetto areas, a decision on this issue could have even exceeded the impact that the famous Brown decision, outlawing enforced school segregation, had on the South 16 years ago. Although U.S. district courts be bussed away ought not to be forced against their will to travel out of their neighborhoods in order to mix the races." --The state legislature acted constitutionally in enacting a law establishing the neighborhood school system.

(That is, the arrangement by which a child generally attends the school closest to his house). The law calls for schools to be established in areas with the court struggle. The parents of Tina Deal and the other 44 children involved want the high court to hear their appeal. Last week Attorney General John N. Mitchell said that he believed the high court would hear the case and "undoubtedly" finally resolve the issue of whether school boards, most of them located in the North, are obliged to create racially balanced schools that is, eliminate "de facto" segregation.

gration," said the opinion of the three-judge Sixth Circuit Court of Appeals. --The constitution did not require that the school board bus white and Negro children away from neighborhood schools to balance "the racial complexion." Tina and the other appellants were "not the only children who have constitutional rights. Negro as well as white children who may not want to AA t1.7It;1;114ltrl FROZEN BICH ktNIISZ411f.k4. 7 AC7P FROZEN P. 6 Ili gcl 41 1 I I ul Li ik(7ss, eo WE CARE heaviest concentration of school children.

"Virtually every possible proportionate combination of Negro and white students exists in some school in Cincinnati and the proportions are not constant," yet "there is not an iota of evidence in this record" where any Negro pupils were denied admission to a school in the district of his residence." That if housing patterns occur that contribute to schools dominated by one race "boards of education can hardly be blamed or held responsible. Ot The court also rejected the Negro parents' suggestion that construction be halted on new schools that would turn out to be dominantly Negro or white. They wanted schools located where they would attract mixed pupil populations. The court said the board should consider locations in growing areas where large pop- ulation increases are expected or in areas where the board owns property. But it refused to direct the board in where to locate future schools and found no abuse in the earlier locations.

Testimony by two college pro- fessors that racial imbalance was harmful to the learning process was also rejected. There were too many other factors (pre-school family influences, neighborhood environment, family economic status) that might cause poor achieve- ment, the court said. Besides, said the court, the professors' theory failed to explain why each dominantly Negro school was doing better scholastically than one 100-percent white one. The courts also rejected the suggestion that Negro teachers were being discriminated against. "In our opinion," said the appeals court, "the burden of righting wrongs alleged to have been committed by public or private agencies ought not to be foisted upon boards of education, which have enough problems of their own to solve in providing proper education for the young." The Supreme Court will decide whether to take the case after it returns Oct.

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(AP) Gov. Rockellfer and U.S. Rep. Richard L. Ottinger have filed petitions with the Secretary of State's off4ce to secure another line on the November election ballot.

Rockefeller, who is seeking re-election to a fourth term, wants to be the candidate of the Civil Service-Independents party, as well as the Republican standard bearer. Ottinger, the Democratic candidate for U.S. senator, claimed 33,561 signatures on petitions to form the "Conservation party" with Ottinger as its candidate. The state election law requires 12,000 signatures with at least 50 from each county, counting Fulton and Hamilton counties as one. Rockefeller has run only on the Republican line in his three previous runs for the governorship.

The name of the new par- ty already has been attacked by the State Civil Service Employes Association, which has disclaimed any relationship. James L. Buckley, Conservative party candidate for U.S. senator, has objected to the Ottinger move. said the Con- servative party probably would take legal action against Ot- tinger because the name of the" new party was so similar to the Conservative party label.

Ring Found After 3 Years ALCONA, Mich. (AP) When Robert Wagner threw a. snowball into the woods in 1965 he gulped. His ring with two diamonds, valued at $198, went with it. Wagner gulped again five spring thaws later.

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