Evening star., 1953-12-06
High Court 10 Weigh
School Segregation
Issue tomorrow

of Negro and white children in
public schools violates the Con-
stitution Of the United States.
Exactly a year ago the courts
present members. except Chief
Justice Warren who took Office
last October. listened for almost
the same length of time to oral
arguments in the same cases
from the District, Virginia, South
Carolina, Delaware and Kansas.
Before adjourning last June the
court asked all the lawyers as
well as Justice Department
spokesmen to return for a sec
ond round this fall, with an
swers to five questions.
While directly involved are
only four States and the Dis
trict, legal authorities assume
that any final decision against
segregation in those areas would
mean the end of dual public
school systems throughout the
country.
The State of Virginia, one of
the litigantS, says the custom of
segregation is followed in third
Of all the States.
Thus the debate starting to-
morrow afternoon is likely to
involve more historic potentiali-
ties than any that has taken
place before the high tribunal
since former Gov. Earl Warren
Of California mounted the bench
October 5 under q recess ap-
pointment as Chief Justice.
Parents Voice Plea.
Negro parents have urged the
court to back up their plea that
segregation is harmful discrim-
ination which is invalid under
the Constitution. They say all
public schools should be opened
to all children, regardless of race,
by the start Of the next school
year.
The Justice Department, in
preliminary brief filed as
friend of the court" declared
that "the primary and pervasive
purpose of the Constitutions
14th amendment was to secure
for Negroes full and complete
equality before the law and to
abolish all legal distinctions
based on race or color"
Three Of the States directly
involved-Virginia, South Caro-
lima and Kansas-contend the
Supreme Court does not have the
power to outlaw segregation in
their schools.
Counsel for the District Board
Of Education say the dual school
system here was set up by Con-
kgress, which governs the Federal
area. If the time has come to
make a change, they contend it
should be ordered by the law
makers in Congress.
Delaware, the fourth State in
volved, emphasized its objections
to a State court order requiring
immediate admission of Negro
pupils to certain white schools.
More Facts Asked.
The Supreme Court first heard
arguments last December in all
five cases. but in June it asked
attorneys to return in the pres
ent term with more information.
The court particularly wanted
to know whether the trainers of
the 14th Amendment intended
that 1t should abolish segregation
in schools and whether the JUS
tices had power to interpret the
amendment in that manner.
The 14th Amendment was
adopted after the Civil War. Pri-
marily for the benefit of the
slaves freed ny President Lin
coin, 1t says no State may deny
any person due process and equal
protection Of the law, nor alb
ridge their privileges or i'm
munities.
The court also asked how, in
event Of q ruling against segre-
cation, an order could be put into
effect in the various States and
the District.
Davis Will Appear.
On the latter question, the
Justice Department did not agree
with Negro parents that the high
court should order immediate
integration Of the races. The
department suggested in it's brief
that the Supreme Court should
send the five cases lack to the
lower courts which first handled
them, and give directions to
carry out the final decision "as
speedily as the particular cir
| cumStanceS permit"
A total of 10 hours has been
allotted equally between attor-
neys for the plaintiffs and those
for the defendant school boards.
An additional hour has been al
lotted to the Justice Department.
John w. Davis, who was the
Democratic presidential nominee
in 1924, will be among the at
torneys taking part in the debate.
He will appear for South Car
olina.
Gov. Herman Talmadge of
Georgia has declared that a rul-
ing against segregation would be
| "n0thino lass than O mo ior sfay1