Evening star., 1954-11-16
High Court Begins
Studying Briefs on ,
How 10 lniegraie
By Robert K. Walsh

- u st0ASSth 80 " 1tSts
The Supreme Court today be-
gan examining a mass of Slig-
gestions that differ often on how
and when to end racial segrega-
tion In public schools but mostly.
urge a gradual transition on q
local basis.
Briefs came yesterday from
officials In Virginia. Maryland.
North and South Carolina, Dela-#
ware. Arkansas and Texas, as
well as from the National Asso-
citation for the Advancement Of
Colored People and the Ameri-
can Veterans Committee. Others
were submitted in behalf of the
District and Of Negro children
who figured in the case that
successfully challenged the seq:
regated school system here. Still
others were received previously
from Kansas. Oklahoma and
Florida.
.Attorny General Brownel will
file brief next week. the Justice
Department announced.
These hundreds Of thousands
Of written words form the basis
of oral arguments to be heard
by the tribunal beginning De-
cEmber s. The Justices ruled
last May II in cases from the
District, Virginia, South Caro-
lima. Delaware and Kansas, that
racial segregation in. public
schools violates the Federal Con-
stitution. The purpose OF fur
ther hearings next month is to
discuss possible ways of putting
that decision into operation.
Deadline for Briefs.
Yesterday was the deadline
for submission of briefs. The
first batch arrived about noon
from Virginia. Maryland. South
Carolina and the District.
Others poured In throughout
the afternoon, with Delaware's
entry recorded a few minutes
before closing time.
Tennessee had indicated it
would present a brief, but did
not do so. It probably will be
represented at the oral argu-
rnents for which an hour has
been allotted to each side in the
five pending cases and to each
Of the States not directly In
volved.
Positions or proposals stated
In the various briefs were as
follows:
NORTH CAROLINA.
The State Legislature has not
met since the May II decision
and there is no way of knowing
what method the State will
adopt ito reach it's dual OBJ
jectives Of education for each
child and maintenance of racial
integrity" One possibility might
be abolition of public schools.
The brief submitted by State,
Attorney General Harry McMul-
Ian was mot intended to present
any solution TO Z the extremely
delicate and dangerous problem
which has arisen in North Caro-
lima as a result Of the Courts
decision" It sought to explain
the unparalleled gravity of null
lifying the Constitution and laws
of North Carolina affecting its
most cherished, important and
expensive enterprise. its public
schools.
1t also strove to state "sin-
cerely and emphatically that the
subsequent decrees Of this Court
In these cases should allow the
greatest possible latitude to the
district judges in conducting
subsequent hearings and in
drafting final DEGREES" An at
tempt to compel intermixture
of the races in the public schools
of North Carolina forthwith
would result in such violent OPP
position as to endanger the con-
tinued existence of the schools"
The brief contended that Fed
eral courts would lack authority
to order forthwith" admission
Of Negro children to schools OF
their choice. 1t interpreted the
14th amendment as permitting
Federal courts to concern them
selves with results Of State
laws and administrative actions.
The procedure by which States
reach the results is for State
determination, it held.
Noting that North Carolina is
not a party to the five pending
cases. the brief said any decree
ordering immediate integration