St. Paul recorder., 1955-06-17
NAACP Leaders
On Courf Decision

NAAcP Leaders
On courf Decision
CONTINUED from page u
pliance with our May IT. 1854
ruling" "Wil require" is strong.
definite. positive languarge In
legal terms, a directive which no
lawyer or Judge misunderstands
or underestimates
Burden Upon Defendants
Disagreement no basis for fall
ure 10 comply: Courts Of equity
may properly take into account
the public interest in the elimina-
tion of such obstacles in a sys-
tematic and effective manner. But
1t should go without saying that
the vitality of these constitutional
principles cannot be allowed to
yield simply because of disagree
ment with them"
Very simply this means that Just
because individual citizens, off
cials, or groups do not like or do
not agree with the May II, 1864,
opinion they may not ignore, evade
or defy it. That is, they may not
do so in court in final determi-
nation. no matter how much they
talk or write about II in disagree
ment outside Of a courtroom show
down.
Burden upon the defendants:
"Once such a start has been made,
the courts may find that addi-
tional time may be necessary to
carry out the ruling in an effec-
tive manner. The burden rests
upon the defendants to establish
that such time is necessary in the
public interest and Is consistent
with good-faith compliance at the
earliest possible date"
II should be noted that only
after start has been made win
request for additional time be con-
sidered. Here, as in other phases
under the jurisdiction of the
courts, we have the privilege of
challenging such requests for time
in the courts, forcing hearing
and a determination. We need not
depend upon the mere assertion
of school official that more time
is necessary.
Administrative Problems
Problems to he considered by
courts; ITO that end, the courts
may consider problems related TO
administration, arising from the
physical condition Of the school
plant, the school transportation
system. personnel :"
Non-racial school districts: :" r.
Revision of school districts and
attendance areas into compact
units 10 achieve a system of de-
termining admission to the public
schools on a non-racial basis !"
Revision of local laws: g. and
revision of local laws and regula-
tions which may be necessary in
solving the foregoing problems" /"
In all its pleadings before the
courts, the NAACP has granted
that allowance should be made for
the solving OF administrative prob
lens, but II has insisted that dill
gent attention to solving these
would not require Il prolonged pc
riod. In its section on administra-
tive problems the Court enumer-
atcs those which the courts may
consider The time alleged to be
required is subject to the burden
of-proof stipulation in the opinion,
The nature of the solution Of each
problem is subject TO the good
faith" and constitutional princi-
ples' stipulations. All proposals
are subject TO challenges in the
courts.
II is significance that whereas
the Court merely enumerates other
administrative problems. II deals
in some detail with the possible
revision OF school districts and
attendance areas, in effect saying
these should be made 'into COM
pact units 10 achieve a system OF
determining admission to the pub
lie schools on non-racial basis. "
This would seem 10 mean that
both school officials and the lower
courts are warned against at
tempting the gerrymsndering OF
school districts through use OF
wandering boundary lines for the
purpose Of insuring racial schools,
(FnM Installment Next
Week.
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