Milford chronicle., 1954-11-19
U $ Supreme Court
Hears KntegrGtiOR
Discussion
leontlnuea nom rlr.t naa.,

lMr. Youngs brief. citing
the outspoken opposition 10 in
tegration displayed al Milford,
asked that the courts be in
structed to exercise discretion
according TO local c0ndi-
tiOns. y
Arkansas proposed that the court
ask Congress to say how deseg-
regation should be accomplished
under the courts ruling Of last May
g that racial segregation ia the
schools violated the Constitution.
IN handing down its historic de-
cisl0n the court decided to hear
further argument on how desegre-
cation could be carried ont. These
arguments are scheduled to start
December 6. Monday Of this week
was the deadline for filing briefs
on which the oral presentations
win be based.
The Supreme Court invited At
torney General BrOwneH tO par
ticipate in the December argu-
ments, His aides said the Justice
Department viii file its brief pre-
hminary 10 the argument sessions.
IN q week or 10 days.
Both sides in the segregation
cases from Virginia, South Caro-
lima, Delaware Kansas and the
District Of Columbia have been all
lOtted one hour each for oral areu-
ment. One hour each also was
granted to states not directly in-
VoiYed in the original cases before
the court Maryland, North Caro-
INA, Florida, Tennessee, Arkan-
saa, Oklahoma and Texas. It is. not
known which Of the attorneys gem
eral for each Of these latter states
viii use the time allotted to them.
Some Of the Southern states that
nled briefs said there was no con-
stitutional bar to the court using
its discretion to permit gradual
desegration. But attorneys for the
Negroes said ''it would be para
doxieai indeed IT, in the instant
cases, it were decided for the first
time that constitutional rights may
be postponed because Of antiei-
patton Of difficulties arising out of
local feelings"
The attorneys said "piecemeaP'
desegregati0n of schools would in
crease tension and they urged that
II the court decides on gradual
system there be minimum safe
guards" to prevent injury to Negro /
children. There must be safe /
guards, too. the attorneys said. I
against gradual adjustment having +
no specific ending.
= The Delaware brief asks the
court to affirm decisions Of the
Court Of Chancery and State Su-
preme Court, which ordered the /
present integratiOn in the Clay
mont and Hockessin schools.
Asks Remanding
The brief also asks that the
cases be. remanded, or sent back
to lower courts with instructions
to exercise discretion according to
local conditions in granting or
postpOning integration.
Two provisions also were asked.
I. That "a constructive transit
Lional program for integration ''is
shown to be in progress"
2. That school admissions on a
lon-segregated basis "shal be ef-
Lected no later than a date which
his court shall fix"
Lower courts" referred to in
he brief are the Court of Chan
'ery and Federal Court, Mr.. Young
pointed out The Federal Court
las had some undecided integra-
ION cases pending since the sum
ner Of 1862.
Outlines System
As a factual background, to guide
he court in its final decree in re-
gard to Delaware, the brief out ]
ines the Delaware school system {
Is 1t existed prior to the Nav III (
iecistOn. IT also reviews desegre-
ration to date in the states school
ABILITIES, including the outspOken
opposition stemmng from the so
.alled Milford incident"
The factual section summarizes
hat public opinion in lower Della
ware has been aroused" against
and that "signif-
ant percentage" Of Delawareans
re not ready to accept it.
But the Supreme Courts man
late should make it clear the
lrief adds that local courts should
le permitted to decide the issues
llteF considering physical, eco
ionic, and social conditions in var
Gus communities, especially where
bona fide effort toward integra-
ion is shown.
The brief also emphasizes that t
ne court should set a out-om date b
o. putting integration into effect
~ order that the decision Of May d
9 1854, may not be completely Y
hWarted. ii