Evening star., 1953-12-08
Court Power
In Segregation
Case Argued
Held as Major Issue
In Separation Of
Races in Schools
By Robert K. Walsh


public school racial segregation
showed today that attorneys for
both sides and the Justice De-
partment are increasingly con-
cerned with the power of the
court to abolish such systems
Members of the court also in
dicated the issue of judicial pow
er appears large in the cases
being heard from Virginia, South
Carolina, Delaware, Kansas and
the District.
Before hearing Assistant At
torney General j. Lee Rankin
present the Justice Departments
contention that the court could
outlaw school segrega ton, the
tribunal was told by a Virginia
attorney that it lacks such au-
thority.
Called Legislatures Problem.
T. Justice Moore of Richmond.
at the start of the second of
three days of argument made
these points:
l. te-imposed school seq
regation is a matter that re-
quires not only judicial re-
straint." but must be left to
State Legislatures.
2. In the light of numerous
earlier decisions upholding racial
segregation in schools, the courts
might "abuse power" if it ig-
nored precedent.
3. The issue of segregation is
not something new or novel,"
but goes back 100 years in the
legislative history of the State
Conditions have not so changed
today as to justify court action
aboliShing it.
Main Advocate for States.
Eighty-year-old John w
Davis, 1924 Democratic presi-
dental nominee, used an hour
yesterday discussing the rela-
tionship of school segregation to
the 14th amendment and the
authority of the Supreme Court
to rule on the issue. Technically
he spoke for South Carolina.
Actually, Mr.. Davis appeared
as the main advocate for those
who defend the right of States to
determine their own school pro-
cedures and who deny that
school segregation violates the
Federal Constitution or warrants
court interference
Pitted against him and other
lawyers for the States were
Thurgood Marshall of New York
and Spottswood w. Robinson of
Richmond, Negro attorneys as
Sociated with the National AsSo-
cation for the Advancement of
Colored People. Representing
Negro parents of pupils refused
admission to white schools, they
contended earlier yesterday that
segregation as such-even where
separate school facilities are
equal for Negroes and whites
is discrimination and. therefore,
violates the equal protection
guarantee of the 14th amend
ment.
A case challenging conStitu-
tionality of the dual system of
public schools in the District will
be reached as soon as the court
meets tomorrow. A start may be
made late today, following rebut-
tails to the Justice Department
and two hours of argument on a
case from Kansas.
Fifth Amendment Issue.
The District case rests prin-
cipally upon the 5th amend
ment's due process clause. 1t
also involves validity of con-
gressional laws. which, the Cor
poration Counsel's Office con-
tends, require separate schools
here and we're within the con-
stitutional power of Congress to
enact.
Mr.. Davis, his voice usually
strong with emphasis but some
times seemingly choked by emo
ton, had more to say about the
District than about Mr.. Brownell
Maintaining that congressional
debates of 1866-68 leading to
ratification of the 14th amend
ment showed no intent to have
it outlaw school segregation any,
where, he noted that the same
Continued on Page Az, Col. 1.)