Evening star., 1953-12-01
Court Gathers
Last Briefs on
Segregation
Written District
Argument Receives
BrowneII Scrutiny
By Robert K. Welsh

The Supreme Court, ready for
hearings next week on public
school segregation, today mar
Shaled final written arguments,
ranging from Virginia'S vehe-
ment defense of the system to
the Districts much milder ad-
vice against any quick integra-
ton move.
In a highly unusual move be-
fore filing the Districts brief,
the corporation counsel's Office
sent it to Attorney General
Brownell. who last week urged
the court to declare such segre-
cation unconstitutional This
procedure repeatedly is seldom
followed when the parties in
volved are on opposite sides of
court case.
District officials disclosed that
Mr. Brownell suggested some
minor changes, which were
made. They declined to reveal
the changes. But they declared
that the brief, as submitted to
the court late yesterday. did not
back down from the Districts
original stand. They still say
the dual school system here was
conStitutionally established by
Congress and that any change
now is up to Congress and not
to the judiciary.
Legal Position Cited.
Their brief dealt strictly with
a legal position concerning
school segregation as practiced
here and not with the "rightnesS
or wrongnesS" of such segrega-
ton.
Counsel are aware of the eX-
pressed policy of the President
of the United States to use the
power of his Office to terminate
all forms of segregation in the
Nations Capital and are cog
infant of steps taken by the
government of the District in
furtherance of that declared
purpose of the President" they
explained.
The Districts lawyers, who in
this case represent the public
school authorities. said that, if
the Supreme Court decides to
outlaw segregation, it should not
order an immediate change or
consolidation of white and col
ored schools. Gradual integra-
tion would be essential because
of numerous legal problems and
other factors. they maintained.
Accomplishment of integra-
ton of the two separate school
systems in the District or else
where requires something more
than mere reshuf1ing of pu-
pills." they cautioned. Proper
indoctrination and instruction
of teachers, and passage Of nee
essary legislation, including ap-
preparations for required change,
make the immediate change to a
unified local system impossible.
See Task Of Magnitude.
"The magnitude of the prob
lens encompassed in arranging
for integration of schools is such
that the, framing of a detailed
decree by this court is not feaS-
ible. If separate schools for the
races are declared unconstitu-
tional, cognizance should be
taken by this court of the neceS-
sity for proper preparation for
integration and the cases should
be remanded to the respective
district courts with instructions
to order prompt preparation for
integration and to order actual
commencement and completion
of integration within a reason
able time"
Virginia's brief stressed many
of the same arguments raised
earlier yesterday by South Caro-
lima. Those bulky documents,
each having more than 200
printed pages. and others pre-
sented yesterday from Kansas
and Delaware were the final
briefs submitted preparatory to
oral arguments next week.
Briefs Two Weeks Ago.
Opponents of school segrega-
ton in the District, Virginia,
South Carolina and Kansas filed
briefs two weeks ago, as Gid
Delaware State officials defend
ing the segregated system there.
The Justice Department sub
mitted its brief last Friday.
The high court, last December,
heard arguments centering
largely on constitutionality of
racial separation in public
schools in the four States and
the District. Further arguments
Monday, Tuesday and Wednes-
day will touch mainly on whether'
the 14th amendment to the
United States Constitution was
understood by the trainers to out
law school segregation, whether
the courts now have power to
interpret it that way. whether
Congress alone can eliminate the
system, and how integration of
schools should be put into effect,
if the court holds that segre-
cation violates the Constitution.
The Districts brief discussed
only the procedural questions.
It noted that the school segre-
cation case here came under the
5th amendments due process
clause instead Of the 14th
amendment that applies only to
States. m@
Sees Possible Conflicts.
In suggesting that integration,
II ordered, should be rounded
out and perfected" instead of
being put Immediately into ef-
feet. the brief stated:
'We make no dire predictions
Of widespread bloodshed among
intermingled pupils of the two
races, but past experience in the
field of local recreation leads to