Evening star., 1949-11-13
Racial Issue Ruling Due

rs SCuQeuLS, are SUBSTANTIALLY
equal to those at the State uni
versity's law school and are stead
lily being improved. -
| Arguments before the Court Of
Appeals last December 10 in the
two cases stemming from over
crowded conditions at Browne
Junior High School centered on
two main District questions along
with the basic issue over consti-
tutionality and equality Of the
segregated system. The problems
we're:
Whether Congress, in exercis-
ing exclusive legislative jurisdic-
ton over the District. specifically
provided for separate schools for
white and Negro pupils here.
Whether the public school off,
cials exceed their authority by
requiring segregation.
One case originated in 1947
when a Negro, James d. Carr Of
the 1900 block Of Clay street NE,
asked District Court to enjoin the
Board Of Education and School
Supt. Corning from preventing his
daughter Marguerite from attend
ing Eliot Junior High School for
whites. The suit contended the
girl was deprived of equal edu-
cational opportunities by having
to attend Browne Junior High
School.
The. other case was filed in be-
half of the Browne Parent Teach
er Association and a group OF
parents and pupils. 1t sought an
injunction to stop authorities from
assigning colored students to
Browne school and to force those
authorities to admit colored pu-
pills to white schools.
! District Judge Alexander Holt
zoff dismissed the cases. He cited
the congressional Organization
Act of 1906, which, reads: THE
Board of Education shall deter
mine all questions Of general pol
icy relating to schools"
Explaining the limitation on
authority to review "administra-
tive discretion" he said the court
could interfere only where an ad-
ministrative officer abused discre-
ton on exceeded authority. He
was unable to md that the school
officials. In the case before him,
had gone beyond power granted
them, he said.
Judge Holtzoff did not say
whether Congress authorized COL
ored and white schools for the
District, either specifically or by
implication" That question. he
declared. was mot open for this
court to determine. He called
attention to earlier Court Of Ap-
peals decisions that such statutes
were in effect and that he was
bound by them.
Lawyers for the District gov
eminent relied on q 1910 Appeals
Court decision they regarded as
upholding the power Of Congress
to provide for separate white and
colored schools here.
Congress not only has permitted
such segregation for many years
but has appropriated funds for
schools built according to such
programs, they said.
Conceding that overcrowded con-
ditions and other difficulties exist
lin Negro schools. District lawyers
insisted that facilities neverthe-
less are substantially equal" to
those in white schools.
School Improvement Noted
They also reported the situation
| improved at Browne Junior High
School. A new elementary school
has been opened in that vicinity
and every Negro Junior high
school student in the District was
able to attend single-shift ses-
sion daily, they noted.
AS for constitutional issues
raised by the Negro petitioners,
the District governments lawyers
contended that the 18th Amend
ment does not apply to the
District. The fifth amendment
contains no equal protection
clause and no guarantee against
discriminatory legislation by Con-
gress. they held.
Attorneys for the Negro petit
tioners contended that school seq
regation violates the due-process
caluse of the fifth amendment by
depriving colored pupils Of civil
liberties. Solely on the basis Of
color and race. they said, it de-
prives them of equal right to an
education.
Segregation. they declared, has
no basis in the Constitution or in
congressional enactments. AS
practiced in the school system here
it is merely q creature Of the
Board Of Education" they said.
L>11., H.,,-