Evening star. [volume] (Washington, D.C.) 1854-1972, 1953-03-10
'Browne|| Asks
High Court Ban
On Segregation
Seeks to End Cafe
Race Curbs in Step
Toward Home Rule
By Robert K. Walsh

1AOSOA4ASJ oIOW1IClk
today asked the Supreme Court
to outlaw racial segregation af-
fecting restaurants in the Dis
trict and thus assist the District
in moving toward home rule.
He also urged, in a friend Of
the court" brief, that the tri-
bunal reverse a lower-court de-
ciSion which he said. raises
fundamental doubts about the
power of Congress to grant home
rule to the District.
In the brief, the Attorney
General went into the question
of the relationship of the Dis
trict and Congress. He asserted
that District residents should
have "the Democratic right, en-
joyed by all other American citi-
zens, of local Self-government,"
and that Congress should be re-
lieved "of the unnecessary time
consuming burden of acting as
a city council for the District"
OutgrOwth of Thompson Case.
In support of his argument
that Congress can delegate local
legislative power to the District,
Mr.. Brownell declared that sew
eral territories have enacted
laws banning racial discrimina-
ton in restaurants and similar
public places. He said the terri
tories, in doing so, acted under
the same kind of grant of legis-
lative authority as was contained
in the 1871 Organic Act relating
to the District.
The brief was filed in connec-
ton with an appeal from recent
five-to-four ruling by the United
States Court of Appeals for the
District of Columbia. This was
in the case brought by several
Negro citizens against the John
r. Thompson Co., Inc, which
operates restaurants here.
Recalls Presidents Remarks.
The appeals court held that
two anti-discrimination statutes
enacted by the old Legislative
Assembly of the District in 1917
and 1873 are not enforceable.
Noting that the case has ma
tional Importance, Attorney Gen.
eral Brownell called the Supreme
Courts attention to statements
by President Eisenhower in his
State of the message to
| Congress last month.
The President requested that
serious attention should be
given to the proposal to develop
and to authorize, through legis-
lation, a system to provide an
effective voice in local self
government"
The President also said he
would "uSe whatever authority
exists in the office of the Presi-
dent to end segregation in the
District of Columbia, including
the Federal Government"
The Attorney General said he
believed the 5-to-4 decision Of
the appeals court was clearly
erroneous" when it held that
Congress lacks power under the
Constitution to delegate author
ity to a District local government
to enact general legislation.
Held Nationally Important.
1.-THE questions of constitu-
tional law and statutory con-
struction presented by this case
are of substantial national i'm
portance and warrant review by
the Supreme Court" the Attor-
ney General stated. "The rulings
of the Court of Appeals are in
conflict with controlling decisions
of the Supreme Court. The de-
cision below casts a cloud upon
the constitutional power of Con-
greSS to grant home-rule to the
District of Columbia and dele
gate to a local legislature author
ity to enact local laws.
1.-The decision has created
doubt and uncertainty as to the
extent to which Congress can
grant to the residents of the
District of Columbia authority to
deal with the serious problems
arising from racial discrimina-
ton in the District"
Legislative Policy Stressed.
The Attorney Generals briei
declared that nothing in the
Constitution or in past decisions
of the Supreme Court support,
the notion that the conStitu-
tional powers of Congress Il
delegate local legislative author
ity in the District is limited BY
vague and underlined distinc.
ton between general legislation
and municipal regulation"
1t insisted that the question
(See SEGREGATION, Pig. A-5.l