◆ SpookStack

4 ue 0-19 (Rev. 9+7-58) - Ways Congk ess ete é: BT. at Supreme. Court Are Listed | 2 By DAVID LAWRENCE 00 WASHINGTON, Sept. 18.--Many people are aking ho Go. “ye public sentiment destred it, a decision of the Supreme oom of the United States tan be rev here are many ways, In the past a Conktitutional Amend-’ ment has at times been found necessary, but where the Supreme Court goes beyond it function and legislates , or when it sets itself up es a trial court and refuses to hear evidence on both sides— as happened in the “desegregation” case of 1954—then Congress Can take _ A ee ear ne Tulee for allow thereafter. In the “desegregation” declaion of 16954, the Supreme Court decided the case primarily not on questions of Jaw or interpretation of the Constitution, but on the basis of what it deemed psychological or sociological con- ‘siderations, Although thé writings of some sociologists—one of them a prominent Com- ‘munist sympathizer—were cited by the Supreme Court, no opportunity was given for cross-examination or refutation of those sociologists nor for the Antroduction of con- trary evidence from other witnesses, The ‘trial court itself had received no evidence on the subject becat ‘the psychological issues were not raised there. f When the supreme tribunal renders a decision with hearing all the evidence or when it disregards the lack evidence in a trial court below, there is bound to be resen | ¥ Congress can remedy the situa" = ——<C<;7 3} HhCOtttCt J (tion by enacting a law specify-" ,ing that the Supreme Court j bake inta consideration the ,evidence on both sides of a 'Bupreme Court has been espe- _ ‘telalty solicitous about Com- munists and has reversed de- cisions where the credibility of some witnesses had been chal- Jenged, not in the same case but in other cases. That's going pretty far even to help the case: of Communists charged with sedition. Certainly, the people of the South are entitled at ~tosteto*e Paritg mith Come i tap fe Clewic f - (ow 5 ( IH _ & ; dispute. In recent months the’ a hand and the Court to Lawrence t ft t. ; Quotes Constitution — The right of Congress rmulate rules for the Supr ourt to follow is derived frpm le III of the Constitution, which aayae: . Tn all cases affecting Ambas- sadors, other public ministers and consuls, and those in which, a state shall be a party, the Supreme Court shall have origi- nal: jurisdiction In all the surisdiction, wc other cases before “mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such ex- ceptions and under such regu- lations as the , Coneress shall - ‘Tris could be applied ‘$0 that Congress would not let the Su- preme Court have any suris- diction whatsoever in the future in certain cases and the final decisions would be rendered by state courts in each locality. This has happened before inf American history, especially in ‘controversies arising in the Ré- construction era, ts Some letters received by the ‘writer recently have argued that Congress cannot write rules forij tne Supreme in those: caste “in which @ state shall’ “Finks bean Grerioobod teas eee ooked thas tery to ace b han kien & siaar-ent é@lear-ent “7 eves ewes the Su iteélf as to whén « state is really cause, ie ts argued, if the board has exceeded its powers, its ac- tlons should not be considered ~ “atate action.” ‘It isn't the state. bot the Fleventh Amendment oy At any rate, the Eleventh! - Amendment to the Conatitution,|” adopted in 1796, specifically re-, serves to: state courts the jurtadiction of sults between _ citizens and a state. It pro- . hibita the ‘ exerciss of such :. jurisdiction by , courts as well as oan: breme Court of tht Stated. .. If the American people, how-, “ ever, wish to give back to the: — i all rights and powers—! ¥ taken from them by a Supreme Court deci#ion—to deal with public schools and educational matters, a Constitutional Amendment would be the most effective method. Such an amendment could declare that © “notwithstanding - Article IV and the Filth and Fourteenth — Amendments or any other pro- visions of this Constitution the power ta control admissions to public schools and to regulate and administer thé processes of public education 18 one of the]- powers reserved to the ata as provided in Article X."", , Inevitably, as questions arise} concerning ways and means of|. preventing “enforced” assocla- tion of citizens against thelr will, the foregoing methoos will come more and mi be © 1957, N.Y. Herald Tribune Inc, olson Boag: an Belmont ——— Rare rt Tomm Trotter Nease Tele. Room Holloman Gandy (02-72 “Le NOT RECORDED 141 SEP 23 1957 weTtmes Herald Wash. News —.._ Wash. Star N. Y. Herald d_2a Tribune N, Y. Journal- American N. Y. Mirror WY Metle Maw Ne £2, AfGLLY ING WS N. Y. Times Daily Worker The Worker New Leader D SEP Ig 1957 ate ee ont