William O. Douglas

“ Respondents urge, however, that prior resort to the Superintendent is necessary because by § 2-3.25 he can revoke recognition of a school district guilty of violating pupils' Fourteenth Amendment rights, and recognition is a necessary condition to state financial aid. Furthermore, state aid cannot be received by a district unless it submits a sworn statement that it does not discriminate between students 'on account of color, creed, race or nationality.' §§ 10-22.5, 18-12. ”

“ Mitchell, 60 F.Supp. 51, 55, appeal dismissed pursuant to stipulation, 326 U.S. 690, 66 S.Ct. 172, 90 L.Ed. 406: 'We yet like to believe that wherever the Federal courts sit, human rights under the Federal Constitution are always a proper subject for adjudication, and that we have not the right to decline the exercise of that jurisdiction simply because the rights asserted may be adjudicated in some other forum.'
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”

“ And,
'If he so determines (that the allegations of the complaint are substantially correct) , he shall request the Attorney General to apply to the appropriate circuit court for such injunctive or other relief as may be necessary to rectify the practice complained of.' (Emphasis added.)
The Superintendent himself apparently has no power to order corrective action. In other words, his 'only function * * * is to investigate, recommend and report. (He) can give no remedy. (He) can made no controlling finding of law or fact. ”