Evening star., 1952-12-12
Attorneys See
Blanket Ru|inq
On nSegregation
Arguments Ended;
; Possible Decisions
Are Believed Likely
By Robert K. Walsh

supreme court JuSClceS To-Day
weighed vast and varied articles
in a single legal package that will
help them decide the future of
racial segregation in public schools
of the District and the States.
They finished hearing argu-
ments late yesterday on issues
directly affecting the District and
Delaware. Earlier this week, they
listened to debate on suits from
Virginia, South Carolina and
Kansas.
Those cases have different an
giles on which the tribunal con-
ceivably could hand down diverse
rulings. But essentially the same
main lines of contention ran
through arguments offered by
both sides in all of them.
Basic Pronouncement Possible.
This caused several of the at
torneys defending or fighting
governmental-im imposed separation
of Negro and white children in
public schoolS-to expect that the
final decision might be blanket
and basic pronouncement, either:
!. That such school segregation,
in itself, is unconstitutional and
contrary to statutory provisions
and, therefore, must be ended in
the District and wherever else it
exists in this country.
2. That segregated systems may
be maintained, so long as there is
real equality of educational facili-
ties for both races, in accordance
with court decisions dating back
to the 1896 judicial position on
the separate-but-equal doctrine.
3. Or as was emphasized in
argument yesterday by Assistant
Corporation Counsel Milton D.
Norman for the District, that a
change in the segregated setup
here is something for Congress
and not the courts to determine.
Similarly, so far as States are con-
cerned. the tribunal could hold
that abolition or retention of
segregation is matter for the
State legislatures to handle.
Reluctant as to Forecasts.
Attorneys, since early last Tues
day afternoon. have been telling
the court that the outlawing of
school segregation would or would
not cause major administrative
difficulties, if not serious social
troubles. After the hearings, most
of them preferred not to speculate
either on how or when the court
will rule, or what might happen
as result.
Mr.. Norman commented that he
did not believe new legislation
except minor revisions in present.
statutes-would have to be en-
acted for the District school sys-
TEN, if the Supreme Court struck
down segregation.
The District governments
spokesman, representing school
officials who refused to admit
Negro children to the Sousa Jun
ior High School, asked the court
to uphold the dual system here.
From the standpoint of the his
tory of the District, the statutes
enacted by Congress as long ago
as 1862. and the Fifth Amendment
to the Federal Constitution, the
system is valid, legal and just, Mr..
Norman contended.
Citing numerous gains he said
have been made in racial integra-
tion in recreational, entertainment
and other fields here. Mr.. Norman
noted that they were accom-
plished without the aid of the
courts"
Cites Racial Feeling.
Exclaiming that he hoped the
day soon will come when the
races can live together without
friction" Mr.. Norman said:
I'VE. nevertheless, cannot hide
the fact that there is a feeling
between the races. 1t is de-
plorable. but we must face the
facts"
Mr., Norman and James M.
Nabrit, Jr., an attorney for Dis
trict opponents of school segrega-
ton. engaged in a lively and, at
times, impassioned discussion.
The District governments law
yer asserted that the opposition
suggested only that 1T is time for
a change" Mr.. Nabrit, who is
(See SEGREGATION PAGE A.A>