Evening star., 1948-12-10
Appea|sCourt
Hears2Cases
On Segregation
CoIored Petitioners
Seek ReversuIs to
Open White Schools

peals was asked in oral argument!
today to abolish race segregation
in Washington's public schools anc
permit colored children to attenc
white schools.
The issue was brought before TIE
court in appeals from two adverse
decisions by District Court in cases
: involving students at Browne
Junior High School, Twenty-fourtl,
street and Benning road NE.
The first appeal was made or
behalf of Marguerite Daisy Carr
through her father, James c. Carr
who had sued Supt of Schools Ho-
bart M. Corning. The second ap-
peal was brought by the Parent
Teacher Association of Browne
Junior High School and individual
parents and students against the
Board of Education, DR.. Corning
and First Assistant Supt. Garnet
G. wilkinson
Lawyers for the Carr girl con-
tended the principal of the Eliot
Junior High School, for white chill
dren. had no legal right to exclude
her solely on the basis of color, when
she applied for admission there
CounSe largued that she attended
Browne only from $3.50 am. to 12:3(
pm. They said she appealed to the
Board of Education to eliminate the
present double shift at Browne, but
this was not done.
Legal Authority Challenged.
Her lawyers contended today that
q Az hour day school session is not
a full school day as required by the
District Code, and that she was en-
titled to attend Scholo from 8 am
to pm.
In establishing separate school,
systems here for white and colored
the board has exceeded the authority
Congress gave it, as the power to
segregate is a legislative function
they asserted.
Miss Carr and her father are
represented by Attorneys Austin L
Fickling, U. Simpson Tate, Leon A
Ransom and James Wright.
The court was advised the Board
of Education takes the position that
by regulation it set up separate
schools for white and colored, but
Miss Carr's attorneys maintained
that the board did this without au-
thority.
Legislation Point Raised.
Congress alone must set up Sepa-
rate schools for the races and it
must do this by specific legislation
and so direct the Board of Educa-
ton. the court was advised.
The boards position was laid be-
fore the court by principal As
sistant Corporation Counsel Chester
H. Gray and Assistant Corporation
Counsel Milton D. Norman.
They argued that the judgment
of District Court in overruling Miss
Carr's motion for summary judg-
ment should be sustained; District
Courts ruling upheld as correct,
and the case dismissed.
The court was informed by coun-
sci for the District government that
the situation has changed since the
Judgment of District Court was rem
dered, because a new elementary
school in the general area of Browne
has made additional school space
available. They declared every COL
ored Junior high school student ir
the public schools OF the District
was provided a full single-shift
school session from 9 an. to pm
daily.
No Change in Laws Seen.
They also argued that the 1901
Code of Laws for the District die
not change prior laws directing sep.
arate schools for white and colorec
children be set up in the District
Further, they argued, the Board o1
Education has provided. with the
knowledge of Congress, double shift
schedules to accommodate pupil:
who would otherwise be excluded
from schools due to excess enroll.
ments.
The District Government spokes.
men told the court that the power
of Congress to provide separate
schools for white and colored chill.
dren in the District has beer
settled by a prior decision of tn,
Appeals Court in the case of Wal
versus Oyster, So appeals D. c. so
In the second case the pupils
their parents and the 'PTA alst
asked the Appeals Court to reverse
q District Court finding agains
them and allow colored children t.
enter white schools.
Mr.. Gray and Mr.. Norman re.
presented the board and the schoo
hofficials in this case, while thos,
Appealing were represented by At.
torneys Beyford v. Lawson, jr, Mrs
Charlotte r. Pinkett, Aubrey E
Robinson, jr., and Miss Marjorie A
Mckenzie.
The two cases were heard at tn,
same time by Judges Henry w. Ed.
gerton, Bennett Champ Clark ane
E, Barrett Prettyman.
Assignment Fought.
Last January, the pupils, parent!
and PTA members sought an in.
junction unsuccessfully in Distric
Court to restrain school authorize.
from assigning to elementary school.
colored pupils accredited to Brown,
Junior High.
They also wanted the court tt
compel the authorities to permi
colored pupils to enroll in and at
tend white schools.
The spokesmen for Browne arguet
the right to an equal education ant
the right of parents to direct tina
education are civil rights guaranteed
and protected by the Federal Con
stitution. They said they are EN-
titled to the full enjoyment of thes
rights, specifically including the us
of public school facilities, presentl
existing and available, without re
gard to race or color.
They also Informed the court tha
denial of this right solely on &C
count of race or color by the Boar
of Education and the trial couI
violates the due process clause @
the fifth amendment, and is con
trary to the public policy of tn
United States and it's treaty obliga
tions.
a. r