Topeka Brief for the Board of Education Kansas on Questions Propounded by the Court

If this Court should enter an order or decree as suggested in Question 4(b), there is no need for a more specific or detailed decree in this case.

The Board of Education of Topeka has already on its own initiative resolved to terminate segregation in the elementary schools "as rapidly as is practicable" and has already taken its first step toward that end by providing for an integrated system in two schools which were formerly used only for white children. Certainly at this time there is no need for a more detailed decree than the decree suggested in Question 4(b). The District Court will always have jurisdiction to enforce the decree. If the need for a more specific decree should arise in the future, the District Court will have ample power to make such a decree under its general power to enforce the judgment and decree of the court.

We respectfully submit that Question 5(d) should be answered in the negative.

PETER F. CALDWELL,
Counsel for the Board of Education of Topeka, Kansas,
512 Capitol Federal Building,
Topeka, Kansas.