Evening star., 1952-12-07

Of school buildings. It declared
that equal educational opportu.
mites were offered to both races
The majority opinion by Judge E
Barrett Prettyman stated that
Congress by legislation has "spe.
cifically provided for separation
in the races" in District public
schools.
Difference in State Cases.
The State cases to be argued
before the Supreme Court thi.
week contain most of the argu.
ments, on both sides, as are EN-.
ployed in the District case. Ar
important difference is that the
constitutional attack in the State
cases will center on the 14tt
Amendment which says that ne
State may abridge the privilege:
of citizens or deny them equa
protection of laws.
From the standpoint Of State;
defending their segregated schools
another major argument will con-
tend that such segregation is q
reasonable exercise of the States
police power and within the scope
of proper States rights.
Gov. James H. Byrnes Of South
Carolina threatened early this
year that his State would close
it's public schools if racial segre-
CATION were outlawed. Attorneys
say that about II States and the
District have segregated school
systems and that all would be
affected by q Supreme Court
ruling.
The first of the cases set for
this week is an appeal
from special three-judge Fed
eral court which upheld a segre-
gated system in Topeka. Kans
Under a Kansas law authorizing
cities to segregate pupils through
the sixth grade, Topeka estab-
lished such q system. The court
held that facilities were substan-
tial equal and therefore valid.
The second case originated In
Clarendon County. S. C. A three
Judge Federal court found that
school authorities were doing
everything humanity possibly" to
equalize school condition. It stated
that mo good could be ac-
complished for anyone" by order
ing immediate abolition of school
segregation.
John w. Davis Of New York,
Democratic presidential nominee
in 1924 and a leading attorney In
on the steel industry
seizure case last spring, will
South Carolina. Thur
good Marshall, New York attorney
associated with the National As
sociation for the Advancement OF
Colored People. will be the op-
posing lawyer.
The third case on the docket
this week is from Prince Edward
County, Virginia. A three-judge
Federal Court upheld the system
and stated that, as applied in the
county. it was a reasonable exer-
else of the States police power
Spottswood Robinson, jr., of Rich
mond, will addres the Supreme
Court in behalf of opponents OF
the system. Attorney General T.
Justin Moore of Virginia will
the State.
Many Briefs Filed.
In the District case which like
the others has been allotted two
hours for argument, George E. C
Hayes and James M. Nabritt
Washington lawyers. will argue
the case for the Negro children
Corporation Counsel
D. Norman will represent
the District.
The final case is an appeal by
the State Of Delaware from q
Federal court decision that would
require admission of Negro chill
dren to two public schools.
Besides the NAACP, numerous
other organizations including the
CIO have submitted briefs attack
ing segregation The Justice De-
partment also filed a brief asking
the court to outlaw all racial seq
regation in public schools through