Brief for Appellees

HAROLD R. FATZER, Attorney General, PAUL E. WILSON, Asst. Attorney General, Counsel for the State of Kansas, State House, Topeka, Kansas, PETER F. CALDWELL, Counsel for the Board of Education of Topeka, Kansas. 512 Capitol Federal Bldg., Topeka, Kansas.

Table of Contents

1. Preliminary Statement
2. Opinion Below
3. Jurisdiction
4. Questions Presented
5. The Statute
6. Statement of the Case
7. Summary of Argument
8. Argument
   1. Does a statute which permits but does not re-quire cities of more than 15,000 population to maintain separate school facilities for colored and white students violate the Fourteenth Amendment to the Constitution of the United States in a situation where a court has specifically found that there is no discrimination or distinction in physical facilities, educational qualifications of teachers, curricula or transportation facilities?
   2. Background of Segregation in Kansas
   3. The Kansas Decisions
   4. The Controlling Principles
   5. The Prospect
   6. The District Court's finding of Fact No. VIII is insufficient to establish appellants right to injunctive relief and to require reversal of the judgment below
9. Conclusion