St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1953-11-27

furthermore, they said. il
ing OF Congress in submitting
of the states in ratifying it, that
1t would abolish racial segregation
in every form.
The Fourteenth A m e d m ent
was submitted to the states by
the Thirty-ninth Congress, and
was declared ratified on July 2s,
1868. 1t provides that mo state
shall make or enforce any law
which shall abridge the privileges
or immunities of any citizen of
the United States nor deny to
any persons within its jurisdic-
ton the equal protection Of the
laws"
On June 2, the high court, in
Postponing until the fan term
a decision In the segregation
cases, asked both sides to dis.
cuss specific phases Of the cases.
The first three dealt with
whether Congress or the states
understood that the Fourteenth
Amendment would abolish school
segregation, and whether it 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 District of Columbia. carried
to the Supreme Court appeals
from lower rulings that sustained
the constitutionality of school
segregation, Delaware appealed
from a 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 to file q brief and Is
expected to do so soon. 1t Is
understood, however, that the
department will 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 win be dealt with
in a later brief.
"The substantive question COM
mon to all tthe cases) is whether
state can, consently with the
Constitution, exclude children
solely 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 is: 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
If separate. but equal facilities
were provided.
Whatever other purposes the
Fourteenth Amendment may have
had" the brief declared. at is
indisputable that its primary pur-
pose was to complete the Thir-
teenth Amendment by ensuring
to the Negro equality before the
law
The Thirteenth Amendment
which was declared ratified Dec.
IS. 1855, abolished slavery and
involuntary servtude throughout
the United States.
AS for the high courts ques-
tons. 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-
hibit all state action predicated
on race or color. Evidence that the
states. in ratifying the amend
ment. understood that was its
purpose lis convincing" the brief
asserted
Eleven Southern states that
ratified the amendment, It was
said. adopted Constitutions that
did not require or specifically
authorized segregated schools
Twenty-Five Of the twenty-six
Northern states that ratified.
acted with an understanding
that IT prohibited racially segre-
gated schools. the brief declared.
The lawyers for the Negro par
ents also took the position that
the amendment was self execut-
ing" and that the judiciary could
enforce its provisions without
They found no reason why seq
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