Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-06-03

Justice Black is the senior
associate justice.
SCHOOLS
Continued From Page Al
nority transfer rules in school
districts in Knoxville, Tenn,
and Davidson County, around
Nashville, Tenn, were not
OF themselves unconstitutional.
The transfer rules provided
that a student could obtain a
transfer where he otherwise
would be required to attend a
school or a grade where a ma
jority of the pupils were Of
another race.
In Virginia, the United
States 4th Circuit Court has
struck down as discriminatory
a Charlottesville transfer plan
that provided similar proce-
dures for avoidance Of minor
lty attendance.
Backed up behind the Char
lottesville case in Virginia are
District Court rulings uphold
ing minority transfer plans for
Arlington, Roanoke, Lynchburg
and Warren County, Char
lottesville officials have said.
The Charlottesville school
officials have appealed to the
Supreme Court. The court APP
parently decided to rule first
in the Tennessee cases which
would be controlling.
In other action today:
ILLINOIS SEGREGATION
The court ruled 81, that
plaintiffs suing in a Federal
court to end segregation in an
Illinois school district need not
exhaust State administrative
procedures before proceeding
with the court case.
The United States 7th Cir
cult Court in Chicago had up
held dismissal of a suit by
Negroes seeking school desegre-
cation for failure to resort to
administrative remedies.
The case involved schools in
Saint Clair County. in south
ern Illinois. The Negroes said
attendance areas laid out for
a new elementary school pro-
vided for Negro "ghettoes."
A State law provides that the
school superintendent shall hold
a hearing upon a segregation
complaint by so residents and
request the State to take legal
action if he determines that
the complaint is true.
Justice Douglas, who deliv-
cred today's opinion allowing
the Negroes to seek school
degeneration without exhaust
ing this procedure. said that
such claims ARE entitled to be
adjudicated in the Federal
courts"
He said it would defeat the
purposes Of the Civil Rights
Act, under which their suit was
filed, to hold that a Federal
claim in q Federal court must
await an attempt to vindicate
the same claim in a State court.
In a dissenting opinion, JUS
tice Harlan said he was I'M
willing to assume that the
rights assured by the Illinois
law and the Fourteenth Amend
ment will not be fully and
properly indicated by the
State If (the Negroes) can
make good their grievances"
He said the present case wasI
one in which "a sound respect
for the independence Of a,State
action requires the Federal
equity court to stay its hand
VOTERS RECORDS
Voting registrars Of three
Mississippi counties lost a bid |
for Supreme Court review Of
a lower courts ruling requir-
ing them to produce registra-
ton and voting records for
Federal inspection.
The records, sought by At
torney General Robert F.
Kennedy under the Civil Rights
Act Of 1860, involved registra-
ton and voting in Lauderdale,
Madison and Kinds counties.
CRIMINAL LAW
The murder conviction of a
l9-year-old Louisiana Negro
was upset To on the ground
his trial was prejudiced be-
cause an interview In which he
confessed had been broadcast
three times by a local television
station.
The court acted on an APP
peal by Wilbert Rideau. who
had been sentenced to die for
the killing Of q woman after
a 1861 bank robbery In Lake
Charles, La.
The televised confession, his
appeal said. was part OF a 20
minute interview between the
defendant and the local sheriff.
His appeal said three jurors
had seen the show and that
two others were county deputy
sheriffs.
Justice Stewart. who deliv-
cred today's opinion said there
had been a denial Of due pro-
cess Of law when the trial court
refused a defense request 10
transfer the trial 10 another
area. Justices Clark and Har-
Ian dissented.