Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-12
High Court 10 Decide
When and How Of
School Iniegration

Continued from Page Ed
rather than issue an across-the-
board order.
Chief Justice Warren appar-
emily limited as much when ne
wrote in the opinion last May:
because of the wide applica-
bility of this decision and be-
cause of the great variety OF
local conditions the formulation
of DEGREES in these cases presents
problems of considerable COM
plexity."
Technically. the Forthcoming
DEGREES would deal primarily
with the District, Prince Edward
County, Va. Clarendon County.
S. c., Wilmington. DEL. and
Topeka, Kans. At this stage OF
the proceedings, DEGREES directly
applying to other States, cities
or localities would have to rest
on lawsuits in particular in
stances.
Flood of Suits Unlikely
It is possible, but highly i'm
probable that Federal courts
all along the line to the Supreme
Court might be flooded with lit
igation raised by States. COM
munities, school districts or in
dividual citizens eager either
to stall off or hasten de-
segregation. Such a suit was
recently filed by the white
Federation of Citizens Assoc1a-
tions, seeking to delay integra-
ton here.
Cities such as Baltimore, st.
Louis, Kansas City. Topeka. VIII
mington, and many smaller COM
munities in Southern or border
States are moving toward in
tegration to some extent without
waiting for Supreme Court de-
crees.
The South in general, angered
or apprehensive because OF the
decision and determined to- keep
segregated schools as long as
legally possible, is not "solidp
for any one plan to get around
or defy it. With comparatively
few exceptions. Southern State
officials are quietly sitting tight
and watchfully leaving the next
move up to the Supreme Court.
Meanwhile they propose at
least to maintain segregation
during the coming school year.
Virginia, according to Gov.
Stanley, wants to use every legal
means at hand to continue seq
gregated schools. The task OF
framing State policy on the
subject is in the hands OF a
recently appointed 81 member
commission.
Talmadge Proposal.
Georgia, South Carolina, LOU
isiana and Mississippi have
more or less definite devices to
circumvent or stave off integra-
ton. Voters in Louisiana next
November will ballot on a con-
stitutional amendment propo-
sition to put public schools
under the States police powers
for protection of health and well
fare. South Carolina and
Georgia have been studying.
among other proposals. a s"pri-
vate school" arrangement ad-
vocated by Gov. Herman Tai
madge of Georgia.
The idea of abolishing State
laws for public education and
allowing schools to be operated
by private persons or groups
aided by State funds would al
most surely be attacked in the
courts. Similar prolonged and
expensive legal contests could be
expected to result from adoption
of any triple-school system-all-
white, all-Negro, and integrated.
The State police pow Ter s.
theory, too, can count on being
challenged.
In any event. the transition
will not be easy even from the
standpoint of the Federal judi
ciary, not to mention the legis-
lators and administrators Of the
States. Briefs to be filed with
the Supreme Court during the
next few weeks will contain
recommendations ranging from
requests for immediate, COM
plete Nationwide de-segrega-
ton to warnings that integra-
ton can be accomplished in
some places only after a year.
by-year grade-school integra-
ton that might need a dozen
years.
+ M0ment0us Test.
Since the Supreme Court
ended it's term last June the
practical problems of stopping
school segregation with equal
justice under law" have become
more obvious - but not over
whelming-in many a city. town
and State.
Questions that remain and
legal puzzles and conflicts that
may yet, arise are sufficient in
themselves to justify this fore
cast: The Supreme Courts new
term opens with a special test
hardly less momentous than the
historic decision that climaxed
Its last term.