Evening star., 1952-06-10
School Segregation
Top Issue in Next
Supreme Court Term
By Robert K. Welsh

Constitutionality of racial segre-
cation in public schools became
a top issue for the Supreme Courts
return in October, even as the
justices closed the books on ses-
Sions since last fall.
Within perhaps a few weeks
after the tribunal reconvenes on
October 6, it will hear arguments
attacking South Carolina and
Kansas statutes. A final decision
is unlikely before 1858.
These suits. similar to a Dis
trict case still pending in lower
courts here, do more than strike
at the separate-but-equal facilities
doctrine. They contend that sep
aration of white and Negro pupils
violates equal protection and other
rights under the Constitution.
End Term With Ruling.
Besides announcing it would
hear the South Carolina and Kan
saS cases, the Supreme Court
ended the 1951-52 term yesterday
with rulings or orders which:
l. Held, 6-3, that the Railway
Labor Act does not justify an
agreement between a union and
railroad whereby jobs were
taken from Negroes and given to
white workers.
2. Dismissed a request by three
unions that the Governments
seizure of the railroads in 1850 be-
declared unconstitutional. Dis
misSal was ordered because the
labor dispute recently was settled
and the railroads returned to pri-
vate ownership. The unions had
sought a Supreme Court ruling at
the same time that the tribunal
voided President Truman's seizure
of the steel industry.
Shipping Dispute Put OFF.
3. Put off, at least until next
fall, a Justice Department request
for consideration of various ap-
peals from courts here in the long
dispute between the Government
and the Dollar shipping interests
for control of the American Presi-
dent Lines. The Government
sought early action without wait
ing for a court trial, recently Or
dered by the United States Court
of Appeals in California on one
aspect of the controversy.
f. Dismissed suit that chal-
lenged constitutionality of a
Michigan liquor control provision
banning bottle" clubs.
S. Reversed the conviction Of
three Seattle (Wash.) men on
charges of using an unlicensed
radio to broadcast horse race re-
suits as a means of reaping money
from bets placed with bookies. The
main complaint was that Gov
ernment agent, without warrant,
seized the radio in an automobile
parked in a public garage. The
Supreme Court said it reversed the
conviction when the Justice De-
partment admitted an error. Chief
Justice Vinson and Justices Doug
las and Reed dissented.
Segregation Cases Ahead.
The segregation cases to be
heard next fall deal particularly
with separation of Negro and
white children in elementary
schools. They originated in To-
peka, Kans., and Clarendon Coun-
ty, S. C.
Gov. Byrnes Of South Carolina
has declared his State would
abandon it's public school system,
if segregation was outlawed. Sew
eral other States, including Vir-
ginia, Georgia and Alabama, have
indicated they might take similar
steps.
Federal three-judge courts in
South Carolina and Kansas have
upheld the segregation systems
there. Those courts stated that
past Supreme Court decisions have
sustained the separate-but-equal
arrangement. whereby segregation
is permissible if equal facilities are
provided for both races.
The three-judge court in South
Carolina said last March that,