Minneapolis spokesman. [volume] (Minneapolis, Minn.) 1934-2000, 1953-11-27

Furthermore, they said, il
ing OF Congress in submitting I
Of the states In rGtitying Il. that
1t would abolish racial segregation
In every form.
The Fourteenth Amend m emit
was submitted to the states by
the Thirty-ninth Congress, and
was declared ratified on July %,
1888. II provides that mo state
shall make or enforce any law
which shall abridge the privileges
or immunities Of any citissn Of
the United States nor deny to
any persons within It's jurisdlc-
ton the equal protection Of the
laws"
On June ., the high court, I'm
POStpOnlng until the fan term
. decision In the segregation
cases, asked both sides 20 dir
cuss specific phases Of the caSoa-
The first three dealt with
whether Congress or the states
understood that the Fourteenth
Amendment would abolish school
segregation. and whether II would
be within the judicial power, ''in
the light OF future considerations"
to construe the amendment as
abolishing segregation "of its own
force"
The remaining questions dealt
with procedure that might be
followed in the event that the
court declared racial segregation
TO be unconstitutional.
Groups Of Negro parents in So.
Carolina, Virginia Kansas and
the ~ let Of .LmL.A, carried
TO lie Supreme Court appeals
from lower rulings that sustained
the constitutionality Of school
segregation. Delaware appealed
from q ruling Of Its own Supreme
Court that segregation laws In
that state were unconstitutional.
The cases were briefed and ar
gued during the last term Of the
court. but because Of the import
ance Of the issue. the justices
asked the additional questions
and ordered the new briefs and
oral arguments.
The Justice Department also
was asked 20 fiIe . brief and II
expected 20 do 20 soon. 10 10
snderStOOd. however. that the
department viii not participate
In the oral argument.
The brief filed today by the
lawyers for the Negro parents
covered only the South Carolina,
Virginia, Kansas and Delaware
cases. Probably the District Of
Columbia these will be dealt with
In q later brief.
The substantive question COM
mon to all Cthe casesD IL whether
a state can, consently with the
Constitution. exclude children
sobsly on the ground that they are
Negroes from the public school
which otherwise they could be
qualified TO attend" the brief said.
adding:
The answer h.: The Fourteenth
Amendment prevents the states
from according differential treat.
ment TO American children on the
basis Of their color or race"
The brief denied the argument
of the states involved that con-
stitutional requirements were met
n separate. but equal facilities
were provided.
whatever other purposes the
Fourteenth Amendment may have
had" the brief declared. 1T IL
indisputAbls that tn primary pur-
pose was 70 complete the Thir-
teenth Amendment by ensuring
to the Negro equality before the
law"
The Thirteenth Amendment
which was declared ratified Dec.
IS. 1885. Abollshed slavery and
involuntary servitude throughout
the United States.
A. for the high courts ques-
tiens. the brief asserted that the
debates IN the Thirty-ninth Con-
gress and succeeding ones clear
ly reveal" the intention that the
Fourteenth Amendment would pro-
hihit an state action predicated
on race OF color. Evtdencs that the
states. IN ratifytnE the amend
ment, understood that was tn
purpose Is Convincing" the brief
asserted.
Eleven Southern states that
ratified the amendment. 70 Was
said. ADOPTED Constitutions that
did not require or specifically
suthorized segregated schools.
twenty-five Of the twsnty-aix
Northern states that ratifed.
acted with an uBdsrstMnding
hat n prOhihstsd raeaAIly ssgrs-
gated sehoolA ne brisf declared