112

6425 Cedar Drive
Falls Church
Virginia

November 27, 1953

Dean Mason A. Ladd
College of Law
University of Iowa
Iowa City, Iowa

Dear Dean Ladd:

Somewhat belatedly, I should like to thank you for your kind letter in response to my inquiry as to the possibilities of resuming practice in Iowa. I tender the attached brief in explanation of my delay.

It is not that I have in any way lost interest in the possibility of returning. But the opportunity to participate in the briefing of the school segregation cases was to me an overriding preference. For not only do those cases present a matter of some constitutional importance, but it gave me a chance to put into practice some of the theories on how to distill legislative intent with which I have been annoying friends around the Department for the past few years. The questions asked by the Court are in part a request for legislative history on a grand scale; and the only real regret about this job has been that there was not time enough to do as thorough a job as the subject warranted.

Of the brief as issued, I am rather proud; an amicus brief, it takes no strong adversary position. Its conclusions are restrained, and, I hope, the stronger for that. It will be accompanied by a rather long Appendix, which will be principally useful as a research tool for the Court, or for anyone in the future who wishes to research the Fourteenth Amendment. Actually, the Appendix is the summary of our notes as to the action taken by the Congress in the period between 1863 and 1875 which is relevant on the civil rights aspect of that Amendment. When it is printed -- and time is so short that it will be served in page proof -- I shall try to send you a copy, or more if the Library would find it useful.

As a result of the work on the brief, I will be kept on in the Department for some time, if I wish. However, my present plans are to stay only long enough to tie off some loose ends of matters in which I have a particular interest, and then to seek different pastures. It may be a month or two, but I plan to make a tour of the state to see what might be available, and to begin that tour in your office.

In the meantime, should anything present itself, I'd be very grateful if you would keep me in mind.