Evening star., 1948-12-11
Appeals Court Studies
Segregation Issue in2
Browne School Suits

1he question OF Wnetner race seq
regation should be abolished in the
Washington school system today
was being studied by the United
States Court of Appeals.
The tribunal listened to argu.
ments yesterday on the issue. Dis
trict Government lawyers con.
tended Congress has repeatedly
sanctioned the segregation policy
here. Negro groups opposing it
maintained it has no basis in law :
but Is merely a creature OF the
Board of Education.
During the arguments the court
was asked to take notice Of the
crowded conditions in colored
schools, as shown by the recent re-
port of DR.. George D. Strayer, for
mer Columbia University educator.
who surveyed the schools here. The
court took the two cases at issue un-
der advisement at the close of argu.
ments.
Involve Browne School.
Both cases grew out Of the Browne
Junior High School, Twenty-fourth
street and Benning road NE. In
one, Miss Marguerite Daisy Carr.
former student, contended she was
illegally prevented from attending
the white Eliot Junior High School,
Eighteenth and B streets NE. She
sought a full school day from 8 a m.
to 3 pm. at Eliot, instead OF the
$50 am. to 1890 pm. shift neces-
sary at Browne because Of crowded
conditions. She lost the case IN Dis
trict Court and appealed.
In the other case, pupils. their
parents and members of the Browne
Junior High School PTA contended
enrolment there SO far exceeded
capacity that pupils, over their pro-
tests, were assigned to inadequate
elementary school buildings. They
unsuccessfully sued the Board OF
Education and top school officials IN
District Court and then appealed.
Attorney Leon A. Ransom, one OF
Miss Cars lawyers, charged the
split shift system in colored schools
recently was abolished by over.
crowding pupils into classrooms ana
overworking teachers. This state
ment was challenged by Assistant
Corporation Counsel Milton D. kor-
man, who said the record will show
it was accomplished not by crowd
ing pupils into classrooms but by
opening up new buildings.
Charges Authority Lacking.
Mr.. Ransom contended the 1901
District code makes no reference to
segregated schools and the Board
of Education lacks legal authority
to maintain them. In doing so, ne
said, it violates the fifth amend
ment by depriving colored pupils OF
their civil liberties in obtaining an
education, purely on the basis OF
race and color.
At one point, Judge Bennett
Champ Clark, who was graduated
from Eastern High School in 1908,
remarked double shifts existed when
he was a pupil, but resulted only IN
inconvenience.
well, it doesn't seem to have
aftected your educaLlOn, ana Will
your permission, Judge Clark, I'd
like to use you as an exhibit in this
case" Mr.. Norman declared.
Principal Assistant Corporation
Counsel Chester H. Gray argued
Congress repeatedly has referred to
white and colored schools. The
Board of Education Is bound by
decisions of Congress, he argued.
There is no Constitutional ban on
segregation, so long as facilities are
substantially equal, and said both
white and colored pupils are on
split shifts at the same time, he
declared.
Both cases were heard by Judges
Henry w. Edgerton, E. Barrett
Prettyman and Clark.