Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-04-10
BY ROBERT X. WALSH

Supreme Court decisions as
momentous and difficult as the
one that outlawed public school
racial segregation hinge on II
scheduled hours Of oral argu-
ment beginning tomorrow.
The high court last May II
answered the who, what, where
and why questions declaring
that mandatory separate school,
ing Of children for reasons Of
race violates the United States
Constitution. It has yet to say
how and when such segregated
systems must be ended.
After a four months postpone
ment because of a vacancy just
filled by Justice Harlan, the full
court has set aside the after
moons of this week to hear argu-
ments on the fairest, quickest
and most realistic way Of carry
ing out the basic ruling.
Complex Problems
These arguments center on
problems of considerable COM
plexity" the court noted last
May as still to be settled in
framing DEGREES and directions
for the actual indignation
process.
Orders may come before the
current term closes in June.
They may be announcements
only in part and for the time
being. They might lack the
unanimity of the May II opir1-
ion They conceivably could
cause almost as much contro-
versy as did the decision they
propose to implement.
In any event. on the eve Of
arguments related to cases from
the District, Virginia. South
Carolina. Delaware and Kansas.
the abolition Of public school
segregation is far from being
automatic everywhere else. The
Supreme Court and lower Fed
eral courts face a long and per-
haps troubled road Of possible
future pleas and dragged-out
litigation.
Specific Suits
The tribunal is dealing with
specific suits. Whatever DEGREES
1t hands down either this spring
or next fall will apply explicitly
to situations in the District and
the four States, and perhaps
more particularly to areas with
in some of those States.
Designated mechanics and
headlines for de-segregation in
those five jurisdictions probably
would fix a general pattern for
eventual compliance in every
State, especially the II which
have had obligatory school seq
regation and the four which
permitted it. But any State that
chose to hold out, circumvent
the May II decision. or drag Its
administrative heels. would not
Immediately be compelled to
stop operating its so-called sepa-
rate but equal school facilities.
Further specific lawsuits might
be necessary in each instance.
The first point to be resolved
by the Supreme Court is whether
immediate indignation should be
ordered or whether the change
over should be step by step-as
the court phrased 1t, IAN effec-
tive gradual adjustment"
Other Decisions
A second puzzle is whether the
Supreme Court should prepare
detailed DEGREES, at least after
an appointed special master
gathers additional information.
Or should 1t send the i've spe-
ciflc cases back to the lower Fed
eral courts where they origi-
nated2 In that event. should the
tribunal instruct those courts to
frame appropriate and equitable
decrees on the basis Of study and
testimony on the community
level? II so. what general guild
ance should be given to those
lower courts?
As the oral arguments will
show this week, segregation con-
ditions have changed substan-
TALLY in the District and two Of
the four States since last May.
The Districts legal spokesman
is expected to submit mainly o
report that the migration
process Is well under way here
and that to all intents and pur-
poses this city has complied fully
with the May II decision. SINH
larly in Kansas and to an appre-
ciable extent in Delaware, the
cases have to all extents and
purposes settled themselves.
The Supreme Court neverthe-
less has said 1t will welcome
whatever overall suggestions
these communities care to offer.
Their representatives are sched-
uled to be heard tomorrow.
Attorneys for South Carolina
and Virginia are listed tenta-