Evening star., 1954-09-10
Desegregation
Foes Weigh
Direct Appeal
Federation Moy Ask
High Court to Halt
D. 6. School Plans


D. 6. School Plans
A direct appeal to the Supreme
Court to halt District public
school race desegregation is I'M
der consideration by attorneys
for the Federation of Citizens
Associations.
David c. Colladay, Federation
attorney. said today the high
court may be approached, if Fed
eral Judge Henry A. Schwein-
haut dismisses the Federation's
anti-integration suit in the
U. S. District Court for the Dis
trict of Columbia.
Judge Schweinhaut yesterday
refused to grant an immediate
order halting integration. He
also refused to dismiss the white
citizens organizations suit for
permanent injunction order
until Federation attorneys have
an opportunity to argue this
matter. But he made it clear
dismissal is likely.
Formal Motion Due.
Assistant Corporation Counsel
Milton D. Norman, defending the
Board of Education's integration
plans, sought immediate dis
missal of the suit at yesterdays
hearing. Mr.. Norman said he
will file a formal dismissal mo-
ton. and Mr.. Colladay said that,
if this motion is granted, he may
then seek to go direct to the Su-
preme Court.
Mr.. Colladay said he doubted
whether any appeal could be
made prior to Judge Schwein-
haut's ruling on the, dismissal
motion.
Judge Schweinhaut. in turning
down the plea for an immediate
anti-integration order, said the
Supreme Court had definitely
and unequivocally outlawed seq
regation in District schools and
that the Board of Education was
free to integrate Immediately, as
it saw fit.
The Judge added that in his
opinion, present integration
plans are wholly practicable.
Recognizes Hardships.
"Of course, it operates a hard
shin in some cases, indeed,
suppose in many cases" Judge
Schweinhaut declared. B4 any
such broad change involves lard
ships, he said, asserting that the
equities of the case favored the
general public rather than the
"relatively small number OF
neople who would be suffering
inconvenience"
Mr.. Colladay, presenting the
Federation's case. urged Judge
Schweinhaut to preserve the
"status quo" in the District
school system until the Supreme
Court issues formal decree or
dering it's May II anti-segrega-
tion ruling carried out. Mr.
Colladay argued that until such
a decree, the Board of Education
is without authority to end seq
regation.
Doubts Own Authority.
Judge Schweinhaut, however
early in the two-hour long hear
ing. said he had grave doubt
of his own authority to della!
integration.
you're asking me to stop tn
wheels when the Supreme Cour
could have, but did not ltsel
stop the wheels" the jurist toll
Mr.. Colladay.
It may be, Judge Schweinhau
continued, that the Schoc
Boards plan will differ in som
respects from the broad maste
plan expected from the Suprem
Court. But if so, he said, tn
school Board could then revls
its plan. And he added:
"Is that perhaps a more logl
cal, natural and more legallstl
solution to the problem than TO
the School Board to sit on it
hands, so to speak, and .sa!
We'll, I know segregation is Il
legal. because the Supreme Cour
has said so, but I'm not goin
to change the situation any un
til the Supreme Court tells m
how I can change it.
Backward Thinking"
"Isn't that backward thinkin
rather than forward thinking
MIR. Norman spoke only brief
in answering the Federation
suit. He read a statement fror
School Supt. Hobart M. Cornin
defending integration plans an
asserting that the school SySter
in fact already is integrated. MI
Norman said integration, nc
segregation, is now the statu
quo, and that a reversal G
present plans would bring lutte
chaos"
The Justice Department. at tn
start of the hearing, asked
intervene in the case as a frien
of the court. A statement sut
mitted by the department, rer
resented at the hearing by A:
sistant Attorney General Wal
rem E. Berger and United Stat'
Attorney Leo A. Rover, defende
the School Boards right to ord
integration and cited what
called the expressed wish
President Eisenhower for qult
integration.
Mr.. Colladay yesterday askt
the court for permission to DIRT
one family from the group OF
families acting with the Feeders
ton in its suit and to add tv
others.
Dropped were Mr.. and MI
John Bradley. 234 varnum sire
NE. Added were Mr.. and Nj
Emile E. Joseph. 2808 Olive av
nue. NV. and MIR. and Nj
Hugh 6 Higgins. 1907 Monr