Evening star., 1950-04-02
McGrath Will Attack
Racial Segregation
Before High Court
By Robert K. WoIsh

In historic showdown on the
separate but equal" doctrine of
racial segregation, the Supreme
Court tomorrow will hear Attor-
ney General McGrath attack
Government agency order requir-
ing separation of Negroes and
whites.
1t also will witness the unusual
appearance of House Judiciary
Committee member to tell the
tribunal that Congress and the
individual States. under the Con-
stitution, have the last word in
the matter.
The first of three cases set for
argument this week is on the basic
issue of constitutionality of the
practice of providing separate
but equal" facilities for the two
races on Southern Railway dining
cars.
Two Other Cases DOcketed.
The two other cases. docketed
for Tuesday, involve G. w, Nc
Laurin. a Negro student at the
University of Oklahoma, who
charges discrimination in the law
school there, and Heman M.
Sweat, a Negro who declares he
was refused admission to the Uni
versity of Texas law school.
The dining car case came before
the Supreme Court on appeal by
Elmer w. Henderson, colored. of
1929 Jay street NE, a director of
the American Council of Human
Rights.
Mr.. Henderson, while travelling
on the Southern Railway from
Washington to Birmingham in
May. 1912, was unable to get a
meal because two dining-car tables
ordinarily used by Negroes were
occupied by whites.
He filed a complaint with the
Interstate Commerce Commission.
After some court moves. the ICC
ordered the railroad to comply !
with the separate but equal pro-
cedure by providing partitioned |
table exclusively for Negroes. Dis
satisfied with that arrangement,
Mr.. Henderson appealed again to
the Federal courts but his COM
plant was dismissed.
Directed Against ICC.
He. as we'll as Mr.. McLaurin
and Mr.. Sweat in the school
Court to declare the separate
but equal doctrine unconStitu-
tional. That would mean reversing
a Supreme Court decision of 1896
the Plessy VS. Ferguson case.
The decision held that States
could validly require racial seq
regation if the races had sub
stantially equal facilities.
Although the Henderson suit is
directed Immediately against the
ICC, the Justice Department
some time ago submitted a brief
urging the Supreme Court to set
aside the 1CC order.
The department announced
yesterday that Mr.. McGrath and
Solicitor General Perlman will
argue tomorrow that the regula-
ton, resting on the separate but
equal theory, is invalid both
under the Constitution and the
Interstate Commerce Act.
The Justice Department also has
filed briefs asking the tribunal to
decide the school cases in favor of /.
Mr.. McLaurin and Mr.. Sweat.
Mr.. McLaurin complained he was
deprived of equal educational op-
portunitieS by being required to
sit in an ante-room apart from
fellow students at law classes.
Hobbs Allotted Is Minutes.
Representative Hobbs, Demo-
crat, of Alabama. has been allotted
Is minutes tomorrow to contend
that the Constitution gives Con-
gress exclusive and complete pow
er to regulate interstate commerce.
And he has indicated he will argue
that Congress, by implication. re-
cards the separate but equal"
policy as just and practical.
TO adopt the contention of
Henderson" he stated in brief.
would be the kiss of death and
.render operation of the Southern
Railway impossible"
In the McLaurin and Sweat
cases. II Southern States have
presented a brief declaring that
the public school system of the
South will be destroyed if the
Supreme Court decides Negroes
must be admitted to white classes
Mussey Tent to Meet