Evening star., 1952-12-07
High Court Will Hear Argument
OnPupi Segregation 7 his Week
By Robert K. Walsh

Oe9Te9
By Robert K. Welsh
The Supreme Court yesterday
scheduled 10 hours of oral argu-
ment this week on the most mo-
mentous question it expects to
decide at this term-constitution-
ality of racial segregation in pub
lie schools.
The District has a direct inter-
est. A case challenging the seq
regated school system here is one
of five to be heard. The others
affect Virginia, South Carolina,
Kansas and Delaware. The first
of them probably will be reached
soon after the Court meets Tues
day. The District case is likely
to come up Wednesday.
The basic claim in all five is
that segregation as such violates
the Constitution, civil rights and
lother laws. This claim strikes at
court decisions, dating back to
1896, that segregation is permis-
sible If equal facilities are pro-
vided for both races.
The issue is far more sharply
drawn than ever before and goes
deeper. Opponents Of segrega-
ton contend any such educational
segregation at any level-grade
school or high school or college
is contrary to fundamental rights
guaranteed to Americans.
Attorneys for the District and
the States are ready to contend
that segregation is not protection,
and is in conformity to the stat
utes and to constitutional guaran-
District Case Questions.
In the District case, growing out
Of refusal to admit several Negro
children to the Sousa Junior High
School in September, 1850, the
court has been asked to answer
these further questions:
/. Whether Congress, with jur-
isdiction over the District and
over providing educational oppor-
tunities for District children. has
power under the Constitution and
laws to segregate pupils solely on
the basis of race or color.
2. Whether any act Of Congress
specifically requires such segrega-
tion, or compels school authorities
to apply segregation.
8. Whether the school segrega-
ton procedure violates the rights
Of citizens under the Fifth
Amendment provision by depriv-
ing them Of liberty and property
without due process of law.
United Nations charters specific
4. Whether Judge Walter M.
Bastian in the United States Dis
trict Court for the District of Co.
lumbia erred in refusing to order
District school officials to admit
the Negro children to the Sousa
school.
S. Whether racial segregation is
compatible with national policy of
this country and in line with the
opposition to racial discrimina-
ton.
Question Of Federal Power.
"The question whether the Fed
eral Government has the power to
compel segregation of pupils On
the basis Of race or color alone in
|affording educational opportun-
tiles in public schools in the Dis
trict of Columbia is here presented
to the Supreme Court for the first
time" Attorneys for the Negro
children stated.
"Our international relations, our
concepts of liberty. our belief in
democracy. cannot be reconciled
with Government-imposed racial
segregation in education in the
District. The history of our coun-
try, the loyalty Of the Negro, the
decisions Of the Supreme Court,
all require a condemnation of this
|un-American practice.
Government action has passed
beyond the brink of constitution
|ality when 1t imposes disabilities
'on the Negro people. loyal in war
and peace, native-born citizens,
by limiting their liberty of choice
of schools solely because Of their
race or color" 4a
District authorities will contend
that specific acts of Congress re-
lating to the District, as we'll as
the intent" Of Congress, not only
authorize school segregation but
can be reasonably construed as
requiring the system.
Ample Precedent Claimed.
District authorities also will
claim that Judge BaStian had
ample legal as well as procedural
grounds for dismissing the orig
inal suit. An appeal from Judge
BaStian'S ruling was taken to the
United States Court Of Appeals for
the District Of Columbia. The Su-
preme Court. in an unusual move.
recently agreed to consider the
District case along with the State
cases even though the appeals
court had not heard arguments.
The District is expected to rely
strongly on an appeals court de-
|cision in a somewhat similar case
in 1850. At that time the appeals
court, in a 2 to ! decision, found
no evidence Of discrimination
d. sd L. d..