Evening star., 1955-06-01

late Justice Jackson's prediction
of "a generation Of litigation"
So far as the District Is con-
cerned, however, the working out
Of a formal decree may require
comparatively little time or dis.
cussion In the lower court here.
District school authorities
months ago established a full
scale ;ntegration program. The
Supreme Court noted yesterday
that substantial progress" has
been made here. as well as in
Delaware and Kansas.
The technical effect Of the
opinion was to reverse o ruling
by District Court Judge Walter
M. Bastian in April. 1851. On the
basis OF previous decision by
the United States Court Of Ap-
peals here in upholding the ."sep-
arate but equal" doctrine in q
similar suit. Judge Bastian dis
missed the petition in behalf of
several Negro children who
sought admission to the Sousa
Junior High School. He COM
mented that he thus hoped to
speed the issue to the Supreme
Court. He predicted it would
make illegal history"
Judge Bastian now Is on the
Court Of Appeals. II he were un-
available in this instance. pre-
sumably any designated District
Court Judge there could prepare
a mandate fairly soon on the
strength Of the operation Of the
integrated school system. Unless
objections materialize from any
quarter, such a mandate might
incorporate the integrated sys-
TEN already in effect.
In any event. the District
Court retains jurisdiction Of the
case. It would be In a position
to act promptly on protests or
requests for any changes in the
integration method.
Remanded to Courts
Similarly. jurisdiction Is re-
tanned by lower courts in the
other four cases. Those from
Virginia, South Carolina and
Kansas were originally heard by
three-judge Federal court panels.
They were remanded yesterday to
those three-judge courts. The
Delaware case dealing with ad-
mission of Negro children to a
school previously limited to white
children in Wilmington goes back
to the State Supreme Court.
The Supreme Court, from a
procedural standpoint. does not
retain primary jurisdiction Of
any Of the five cases. It is re-
garded as highly unlikely that
the tribunal. on its own initia-
tive, would inject itself into the
lower court proceedings in franz
ing mandates, setting time limits
and so forth.
Traditionally, the high court
adjudicates matters on the basis
Of specific lawsuits such as claims
of damage, denial Of constitu-
tional rights or other matters in
volving substantial Federal ques-
tions. But, the fact that the five
cases will remain in the lower
courts until full integration is
accomplished means they could
be brought back to the Supreme
Court far faster than before.
That would be possible In event
Of complaints that the lower
courts did not act expeditiously
or equitably in accordance with
yesterdays opinion.
Smoother Progress
Any new complaint charging
racial segregation against Negro
children in any other State-or
in any other part of Virginia
except Prince Edward County
or any part Of South Carolina
except Clarendon County-ap-
parently would have to start at
the very beginning In the Fed
eral court in the respective area.
Here again, however. the
process probably would be some
what smoother and much more
rapid than was the course of
the District litigation which, for
example, originated almost five
years ago. Such a lawsuit could
ordinarily be expected to follow
the same general pattern of
lower Federal court proceedings
as was laid down in the opinion
yesterday.
So far as the judicial record
stands to date, the Supreme
Court opinion applies strictly
and solely to the five cases. In
returning them to the lower
courts it emphasized that full
implementation Of the basic con-
stitutional principle stated in