Evening star., 1952-10-10
CourtAsks
For D. Cease
On Segregation
Virtually Invites
Appeal in Delaying
Three Stute Cuses

The Supreme Court today was
on record as virtually inviting
those interested in a District case
involving racial segregation in the
public schools to bring it before
that tribunal.
In an unusual written opinion.
postponing arguments yesterday
on three State cases until the
week of December 8, the court
commented on the District situa-
ton. A case involving the white
Sousa Junior High School in Sep
tember, 1850, is now pending in
the U. S. Court of Appeals.
Oral arguments have not yet
been heard there. But the Su-
preme Court in yesterdays deci-
sion practically invited the case to
be taken away from the appellate
court so it can pass on the prob
lem at the same time it considers
the three State cases.
To Ask For Review.
Attorney George E. c. Hayes,
counsel for the complainants in
the school case here, said today he
will ask for a Supreme Court re-
view as soon as practicable. Asso-
ciated with Mr.. Hayes in the
litigation is James M. Nabrit, jr..
secretary of Howard University.
Mr.. Nabrit will be back in Wash.
ington by Monday. Mr.. Hayes ex-
plained. They will then confer on
preparations to take the case to
the Supreme Court. Mr.. Hayes
is a partner in the law firm Of
Cobb, Howard and Hayes.
Several Negro children sought
admission to the SouSa Junior
High School. Admission was re.
fused and the children, their par
ents and the Consolidated Parent
Association filed suit.
Judge Walter M. Bastian, in
the United States District Court
for the District of Columbia, on
April 4, 1851, dismissed the case.
It was then appealed to the United
States Court of Appeals.
In it's decision, the Supreme
Court pointed out that under a
provision of the United States
Code, cases can be taken away
from an appellate court before a
decision is rendered. The highest
tribunal said that it will entertain
a review petition, grant it and
afford opportunity for argument.
The court said:
This court takes judicial notice
of fourth case, which is pending
in the United States Court Of Ap-
Ipeals for the District of Columbia
Circuit.
"The court is of the opinion that
the nature of the issue posed in
those appeals now before the court
involving the 14th amendment,
and also the effect of any decision
which it may render in those cases.
is such that it would be we'll to
consider, simultaneously, the con-
|stitutional issues posed in the case
OF Boiling ct al. VS.. Sharpe ct al.
Arguments Are Postponed.
ITO the end that arguments
may be heard together in all four
OF these cases the court will
entertain a petition for certiorari
in the case of Boiling ct al. VS..
Sharpe ct al. which if pre-
sented and granted. will afford
opportunity for argument of the
case Immediately following the
arguments in the three appeals
now pending"
Argument on the three State
cases was set for the week of Oc-
tober 13. But. yesterdays decision
postponed these until the week Of
December 8.
The State cases are from Kan.
sas, South Carolina an6 Virginia.
The Virginia case was brought
against the county school board
of Prince Edward County. This
challenges Virginia's right to
segregate its white and colored
pupils in public schools. Similar
questions are presented in the
other cases.