Evening star., 1955-04-11
Brush Aside
Coils for Delay,
Negroes Urge
BY ROBERT X. WALSH

The Supreme Court was urged
today to brush aside arguments
that public school racial inte-
grafton must be long delayed
because of asserted 81. c." and
health defects of Negroes.
AS the tribunal convened to
hear a scheduled II hours of
oral discussions of the how and
when of ending segregation, it
received supplementary written
brief from attorneys for Negro
children in the cases from Vir-
ginia, South Carolina. Delaware
and Kansas. There was no indi-
cation whether an additional
written statement would come
from attorneys in the District
case.
The overall brief in the State
cases did not reply specifically
to a brief forwarded to the court
by Virginia authorities. That
brief contended that integration
in Virginia schools is impossible
now because of Negroes extreme-
ly low level of educational at
tainment and unusually high
rate of infectious diseases.
Called Administrative Problems
But the reply brief declared
that if such disadvantages are
found among Negroes in general,
it was caused by racial segrega-
ton itself. The brief asked the
Supreme Court to find that
these so-called problems, such
as averages on achievement tests,
health, and so forth, are adminis-
trative problems which can be
solved without regard to pigmen-
tation of the skin"
The oral arguments expected
to continue practically every
afternoon this week were to start
with a discussion of cases from
Kansas and Delaware where IN
tegration has been largely ef-
fected since the May II decision
in which Supreme Court unani-
mously ruled that racial segre-
cation in public schools violates
the Federal Constitution.
The District case may be
reached late today or tomorrow.
Attorneys for the Negro children
who challenged the segregated
school system here indicated in
an earlier brief that they would
criticize some aspects of the
Corning plan" now being car
ried out in the District.
Favorable Report Expected
District Government officials
were expected to report to the
Supreme Court that integration
is so well under way in this
city that their case is practi-
cally moot.
The first big question con-
fronting the Supreme Court in
the current arguments is wheth-
er orders should be issued for
an immediate ending of public
school segregation in the five
specific cases or whether a grad-
ual transition should be all
lowed.
The brief filed today by at
torneys for the Negroes in the
four States declared this court
should do no less than order
abolition of racial segregation
in public education by a day
certain"
Unlike their original brief
which last fall urged that COM
plete integration be ordered not
later than September, 1855, the
supplementary brief suggested
no particular date. It made
clear, however, that the orders
should be issued as soon as
possible.
Social Structure Basis
I'VE recognize that the prob
lens confronting the court are
OF primary magnitude, the brief
stated. But the evil to which
the courts decree must be di-
rected Is no transitory wrong.
It is of the essence of the social
structure of a great section of
our Nation.
Every day of delay means
that this country is failing to
develop its full strength. The
time has come to end the division
OF our Nation into those sections
where the Constitution is. ard
where 1t is not, fully respected,
Only by fortnight action can
See SEGREGATION, Page AS