ROANOKE TIMES 
                      Copyright (c) 1997, Roanoke Times

DATE: Tuesday, February 11, 1997             TAG: 9702110096
SECTION: VIRGINIA                 PAGE: C-4  EDITION: METRO 
DATELINE: RICHMOND
SOURCE: WARREN FISKE STAFF WRITER

DELEGATION SAYS `DON'T APPEAL' RULING'S CLEAR ON 3RD DISTRICT LINES

Virginia congressmen urged state officials on Monday not to appeal the court ruling striking down the state's only black-majority congressional district as unconstitutional.

Eight of Virginia's 11 congressmen and both U.S. senators met with Gov. George Allen for four hours Monday in a session that was planned long in advance of last Friday's federal court ruling that the 3rd Congressional District was racially gerrymandered.

"I firmly believe that it would serve no useful purpose to launch an appeal," said Rep. Herbert Bateman, R-Newport News, as he left the executive mansion. "That seemed to be a pretty widely held sentiment."

Rep. Robert "Bobby" Scott, D-Newport News, who has occupied the 3rd District seat since its inception in 1992 and is the only black that Virginia has elected to Congress this century, agreed.

"I think we should see what the possibilities are of making minor revisions," Scott said. "If that's not possible, then we could consider an appeal."

A panel of three U.S. district judges ruled that state legislators illegally relied only on racial considerations in creating the 3rd District, which has a 62 percent black voting-age population.

The district meanders 225 miles through portions of Norfolk, Portsmouth and Suffolk all the way north through Essex County, with tentacles reaching into black precincts of Richmond and Petersburg. The judges ordered that the district be redrawn before the next congressional elections in 1998.

The decision made Virginia the sixth state to have its congressional boundaries overturned since the U.S. Supreme Court ruled last year that federal laws do not require the creation of minority districts whenever possible. Instead, the courts have ruled that drawing geographically compact districts is more important.

State Attorney General Jim Gilmore has not decided whether to press an appeal. Many state legislators and congressmen believe such an effort would be fruitless.

A scheduled meeting Monday between Gilmore and state legislators to discuss options was postponed. Lawmakers said Gilmore asked for a delay because he needed more time to study the ruling. A spokesman for Gilmore said the meeting was put off by legislators.

"We can't do anything until we find out whether there will be an appeal, and that could take the better part of the spring," said Del. Marian Van Landingham, D-Alexandria, chairwoman of the House Privileges and Elections Committee.

But Sen. Kevin Miller, R-Harrisonburg - chairman of the Senate Privileges and Elections Committee - said he hoped the case would not appealed and that the General Assembly could offer a redistricting plan this spring.

"I haven't heard anyone express a desire to take this thing any further in court," he said.

LENGTH: Medium:   63 lines
ILLUSTRATION: PHOTO:  AP. Third District Rep. Bobby Scott (left) and Attorney 
          General Jim Gilmore listen as Virginia congressmen and Gov. George 
          Allen discuss the court ruling that Scott's district must be 
          redrawn.