Evening star., 1947-10-08
Suit in District Court
Challenges Legality 81
School Segregation


colored children in District schools
stands specifically challenged in the
courts for the first time today.
In suit filed yesterday, Mary
Daisy Carr, colored, 13-year -old
Browne Junior High School stu
dent, asked District Court to rule on
the question Of whether the super
intendent of schools had the legal
right to exclude her from attend
ing any school where she might OBJ
tain "the schooling to which she is
entitled"
The suit named as defendants
School Supt. Hobart M. Corning and
the members of the School. Board
collectively and singly and asked the
courts to decide on the question as
speedily as possible. /
The girl. suing through her father
James c. Carr. sr., 1888 Clay street
NE, said in the suit she Is acting
in her own behalf and "in behalf
Of all others similarly situated" and
asks the court to recognize the suit
as common action for all colored
students in the District.
Chairman of Racial Committee.
The suit was filed for Miss Carr
and her father by the law firm Of
Austin L. Fickling, Leon A. Ransom
and U. Simpson Tate. MIR. Ransom
is chairman of the Committee for
Racial Democracy in the Nations
Capital and head of the legal di-
vision of the National Association
for the Advancement of Colored
People.
The suit relates that the girl en-
rolled in Browne Junior High School
in the fall of 1916, at which time the
rated attendance for the school was
888, but there were actually 1,7O7
students enrolled.
| Because of this crowded condition.
the suit alleges, the school was
forced to adopt a system of two
shifts of students, each shift re-
ceiving Az hours Of instruction
daily. The lawful instruction for
Junior high school students is 6
IlouIS DAILY, IL was SalQ.
During the ensuing months the
girl and her father appealed to
the school board to end these in
equities, the suit continues, but no
such assistance was forthcoming.
Last May DR.. Corning, at the
request Of the board, issued q re-
port on the girls complaints, as
serting that part-time classes at
Browne would be eliminated by the
proposed construction Of Miller
Junior High School.
Tried to Enroll at Eliot.
The suit asserts the girl returned
to Browne this year. however, and
found she again would have to at
tend part-time classes. She re-
quested permission to transfer to
Eliot Junior High School, but it was
denied her, she says. She attempted
to register at Eliot anyway, and
was told full-time instruction was
available, but that she could not be
allowed to register. The reason for
not admitting her, she said, was
SOLELY because she is a Negro
The suit also raises the point that
Eliot Junior High School. at Eight
zenith and B streets NE, actually
Is closer to her home than Browne,
at Twenty fourth street and Ben
ming road NE. .... .
This was the legal question at
issue In the last previous case to
reach District Court. In that case,
John P. Davis, colored. father of
5-year-old child, told the court his
child had to travel 4 miles to an
elementary school, although there
was a school for white children
nearer to his home. Before the
suit came to trial, however, q school
for colored children was erected
within a block of his home.
Answer Due in 20 Days.
Mr.. Fickling said today:
I'VE are raising the specific point
of whether or not the Board Of Ed
ucation has the authority to exclude
Miss Carr from attending q school
to get the instruction to which she
is entitled. We are asking the court
to set the suit at the top of the
docket and give it as speedy a trial
as possible.
II believe 1t is the first time the
issue has been clearly drawn in the
District"
The suit asks the court to issue
decree that neither the laws of
the District or the United States
make the establishment OF separate
schools mandatory and that the