Evening star., 1952-12-09
Court
Begins Hearing
On 0nSegregation
Cases Involve D. c.,
Virginia, Kansas
And z Other States
By Robert K. Walsh

comes up first for argument to.
day as the Supreme Court be-
gins historic hearings on Consti.
tutionality Of racial segregation
in public schools.
Those special features are in 6
case testing validity of a l94s
Kansas law. The State statut,
allows cities of more than $4,000
population to operate seperatt
but equal grade schools for The
two races.
-Four other cases, one chal.
longing validity of the District.
segregated public school system
will be heard today. tomorrow
and Thursday. District case ar
guments start tomorrow. South
Carolina, Virginia and Delaware
cases also will be heard.
Kansas Officials Send Brief.
On the eve of the segregation
arguments. Kansas State official.
sent notice they would actively
defend their law. The Supreme
Court two weeks ago asked
Kansas whether a brief would be
Forthcoming and, if not. whether
the State conceded that it's seq.
regation law was wrong.
The brief, submitted yester.
day, defended the law as being
in line with the equal protection
clause of the 18th Amendment tt
the Federal Constitution. It notec
that a three Judge Federal Court
decided in August, 1851, there was
no inequality of facilities OF
teaching.
The Kansas officials conterdec
that the appeal. brought in be.
half of several Negro children
who were refused admission tt
white schools in Topeka, where
segregation is maintained only
through the sixth grade. did ROT
show that the plaintiffs suffered
actually or personally" because
Va CAAo oSS1 CSdIIOu.
Position Of Kansas.
Indicating that they will mar.
row their case to a greater extent
than will officials from Virginia
South Carolina, Delaware and thu
District. the Kansas authoritie!
stated:
I'VE do not propose to advocate
the policy Of segregation of any
racial group within the schoo
system. We contend only thai
policy determinations are matter!
within the exclusive province o1
the Legislature.
I'VE do not express an opinion
as to whether the practice o1
having separate schools of equa
facility for white and coloreo
races is economically expedient OF
sociologically desirable. or wheth.
er it is consistent with sounc
ethical and religious theory.
"The only proposition we de.
sire to urge is that the Kansa:
statute which permits racial seq.
regation in elementary public
schools in certain cities of the
State does not violate the 14tt
Amendment to the United States
Constitution, as that amendment
has been interpreted and applied
by the Supreme Court"
Argument of Opposition.
After Assistant Attorney Gen.
eral Paul E. Wilson of Kansas
completes his defense of the law
it will be attacked by Robert L
Carter of New York City, attorney
representing the Negroes who ap.
pealed to the Supreme Court.
MIR. Carter indicated he will cen.
ter his legal fight on a contention
that racial segregation as such
irrespective whether facilities are
otherwise equal-violates Consti-
tutional rights.
The brief opposing the Topeka
system and the Kansas law notes
that the three-judge court, in up-
holding the separate-but-eoua]
procedure in that city, neverthe.
less commented that segregation
was detrimental to colored chill
dren.
This opposition brief comedies
that the separate but equal doc
trine" of racial segregation has
been sustained in varying degrees
by the Supreme Court and most
lower courts since 1896. But ii
urges the Supreme Court to outlaw
that doctrine once and for all. II
seeks a clear-cut decision that
school segregation laws, whether
mandatory or permissive, limited
or comprehensive, are contrary to
the Constitution and civil rights
laws.
Following two hours of argu-
ment on the Kansas case, an equal
amount of time will be available
late today for argument on the
South Carolina controversy. The
latter case originated In the un-
successful attempt Of several Negro
children to gain admittance to
white schools in Clarendon
County.
The United States Court of Ap-
Ipeals in Charleston last year
ordered the State to equalize
facilities in that area. But it held
that segregation of white and
Negro students in the States pub
lie schools is legal because the
14th Amendment was not intended
to limit a States power to pro-
vide separate schools for both
races.
John w. Davis, a leading Con-
stitutional lawyer, who was Demo-
cratic president nominee in 1924,
will argue for South Carolina.
The States brief indicated he will
contend mainly that the separate