Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1953-11-28

dents say that the state is with
out power to "enfOrce distinctions
based upon race or color in af-
fording educational opportunities
in the public school,
Question 3:
On the assumption that the an
sWers to questions (a) and (b) do
not dispose Of the issue, is it with
in the judicial power, in constru
ing the Amendment, to abolish seq
regation in public schools?
Answers to 3:
This Court (Supremc Court in
long line Of decisions has made
it plain that the 18th Amendment
prohibits a state from making "a
cial distinctions in the exercise of
governmental power"
The Supreme Court has held time
and again that if the states power
has been exercised in such a way
as to deprive a Negro of right
which he would have freely enjoyed
if he had been white, then that
states action violated the 18th
Amendment.
This court has made it plain
that no state may use color or
race as the axis upon which h 9
states power turns, and the con-
duct Of the public education sys-
TENS has not been excepted from
the ban," they argue.
Questions and 5
4. Assuming it is decided that
segregation in public schools VIC
lates the Fourteenth Amendment.
(a) would a decree necessarily
follow providing that, within the
limits set by normal geographic
school districting, Negro children
should forthwith be admitted to
schools of their choice, or
(b) may this Court, in the exer-
else of its equity powers, permit
an effective gradual adjustment to
be brought about from existing
segregated systems to a system not
based on color distinctions
5. On the assumption on which
questions (a) and OBJ are based,
and assuming further that this
Court viii exercise its equity pow
ers to the end described in que8
ton 400,
(a) should this Court formulate
detailed DEGREES in these cases
OBJ if so what specific issues
should the DEGREES reach;
(c) should this Court appoint
a special master to hear evidence
with a view to recommending spe-
cific terms for such DEGREES:
Cd should this Court remand
to the courts of first instance with
directions to frame DEGREES in these
cases, and, if so, what general di-
rections should the DEGREES Of this
Court include and what procedures
should the courts of first instance
follow in arriving at the specific
terms of more detailed DEGREES?
Answers 4 and 5:
The attorneys contend that the
Court does have the power to
rule that segregated schools VIC
late tt he 14th Amendment and
know no reason why the Court
should postpone its decision.
They call on the Court to abol-
ish the segregated school system
and issue a decree Immediately.
'In accordance with instructions
of this Court we have addressed
ourselves to all Of the plans for
gradual adjustment which we have
been able to find. None would be
effective.
'In the absence of any such rea-
sons the only specific issue which
appellants can recommend to the
Court that the DEGREES should
reach is the substantive one pre-
sented here, namely, that appellees
should be required in the future
to discharge their obligations as
state officers without drawing dis
tinctions based on race and color.
Once this is done not only the local
communities involved in these sew
eral cases, but communities
throughout the South, would be left
free to work out individual plans