Chicago Tribune from Chicago, Illinois • 8

Part 1 Page 8 (Shtragn SaUir Uributtf Tuesday. May is, las Supreme Court's Decision in U.S. School Segregation Cases laws. What is this but declar merely one of sectional concern. brought this action in the United States District court 275; Cubberley, supra, at 288-339, 408-431; Knight Pub Ban Segregation "7 See also Berea college lic Education in the South' Supreme court justices who v.

Kentucky, 211 U. S. 45 1908. for the District of Kansas to enjoin enforcement of a Kansas statute which permits, but does not require, cities of more ruled racial segregation in public schools unconstitutional. "8 In the Cumming case, than 15,000 population to main Negro taxpayers sought an injunction requiring the defend tain separate school facilities for Negro and white students.

Text as Read by Chief Justice Warren Washington, May 17 tfl The text cf the Supreme court's decision in, the racial segregation cases, read by Chief Justice Warren: "These cases come to us from the states of Kansas, South Carolina, Virginia, and Delaware. They are premised on different facts and differ 4K ant school board to discontinue the operation of a high school for white children until the board resumed operation of a high school for Negro chil 1922, cc. XIII, IX. See also H. Ex.

Doc. No. 315, 41st 2d sess. 1871. Altho the demand for free public schools followed substantially the same pattern in both the north and the south, the development in the south did not begin to gain momentum until about 1850, some 20 years after that in the north.

The reasons for the somewhat, slower development in the southe e. the rural character of the south and the different regional attitudes toward state assistance are 1 dren. Similarly, in the Gong 1 -I 4 If 1 mbmmmJAAiimim ing that the law in the states shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the states, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color? The words of the amendment, it is true, are prohibitory, but they contain a necessary implication of a positive immunity, or right, most valuable to the colored race the right to exemption from unfriendly legislation against them distinctively as colored exemption from legal discriminations, implying inferiority in civil society, lessening the security of their enjoyment of the rights which others enjoy, and discriminations which are steps towards reducing them to. the condition of a subject race." See also Virginia V. Rives, Lum case, the plaintiff, a child of Chinese descent, contended that the state authorities had misapplied the-doctrine by.

classifying him with Negro ent local conditions, but a com- HIrequire segregation rl PERMISSIVE SEGREGATION Frankfurter (left) and Douglas. mon legal question justifies their consideration together in this consolidated opinion. 1 Legends identify the 20 states sffected by yesterday's Supreme court ruling barring racial segregation in public schools. Ruling applies also to the District of Columbia. children and requiring him to attend a Negro school.

"9 In the Kansas case, the "In each of the cases, mi well explained in Cubberley, supra, at 408-423. In the country as a whole, but in the south, the war virtually stopped all progress in nors of the Negro race, thru court belowi found substantial equality as to all such factors. Kan. Gen. Sta.

72-1724 1949. Pursuant -to that authority, the Topeka board of education elected to establish segregated elementary schools. Other public schools in the community, however, are operated on a nonsegregated basis. The three judge District court, convened under 28 U. S.

C. 2281 and 2284, found that segregation in public education has 'a detrimental effect upon Negro children, but denied relief on the ground that the Negro and white schools were substantially equal with respect to buildings, transportation, curricula, and educational qualifications of teachers. 98 F. supp. 797.

The case is here on direct appeal under 28 U. S. C. 1253. South Carolina Case In the South Carolina case, Briggs vs.

Elliott, the plaintifs are Negro children of both elementary and high school age residing in Clarendon 'county. their legal representatives, seek the aid of the courts in 'obtaining admission to the 98 F. supp. 797, 798. In the Dublic education.

at 427- 428. The low status of Negro public schools of their commu Continued on next page education in all sections of the nity on a nonsegregated basis. In each instance, they had been denied admission to country, both before and immediately after the war, is described in Beale, A History of Freedom of Teaching in 100 I tya schools attended by white chil all state imposed discriminations against the Negro-race. 5 The doctrine of 'separate but equal did not make its appearance in this court until 1896 in the case of Plessy; v. Ferguson, supra, involving not education but transportation.

6 American courts have since labored with the doctrine for over half a In this court, there have been six cases involving the 'separate but equal doctrine in the field requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: His ability to study, engage in discussions and exchange views with other students, and, in general, to learn his Such considerations apply with added force to children' in grade and high schools. To separate them from others of similar age and dren under laws requiring or Black (left) and Clark permitting segregation accord American Schools' 1941, 112- 100 U. S. 313, 318 1879; ex tag to race. This segregation was alleged to deprive the plaintifs of the equal protec parte Virginia, 100 U.

S. 339, 344-345 1879. Origin of Doctrine 6 The doctrine apparently originated in Roberts V. City of Boston, 59 Mass. 198, tion of the laws under the 14th 132, 175-195.

Compulsory school attendance laws were not generally adopted until after the ratification of the 14th amendment, and it was not until 1918 that such laws were in force in all the states. amendment In each of the cases other than the Delaware They brought this action in the case, a three judge federal Dis of public education. 7 In Cumming v. County Board of 206 1849, upholding school Cubberley, supra, at 563-565. Education, 175 U.

S. 528, and trict court denied relief to the plaintifs on the so-called sep Gong Lum v. Rice, 275 U. segregation against attack as being violative of a state constitutional guarantee of equal arate but equal' doctrine an 78, the validity of the doctrine nounced by this court in Plessy look around you itself was not challenged. 8 Reed (left) and Jackson.

ity. Segregation in Boston v. Ferguson, 163 U. S. 537.

United States District court for the eastern district of South Carolina to enjoin enforcement of provisions in the state constitution and statutory code which require the segregation of Negroes and whites in public schools. S. C. art. xi, S.

Ccode 5377 1942. The three judge District court, convened under 28 U. S. C. In more recent cases, all on Under that doctrine, equality of treatment is accorded when the graduate school level, inequality was found in that spe West Virginia Case "5 Slaughter-House cases, 16 Wall.

36, 67-72 1873; Strauder V. West Virginia, 100 U. S. 303, 307-308 1879: It ordjains that no state shall deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the public schools was eliminated in 1855. Mass.

Acts 1885, 256. But elsewhere in the north segregation in public education has persisted until re the races are provided sub stantially equal facilities, even tho these facilities be separate cific benefits enjoyed by white students were denied to Negro students of the same educational qualifications. Mis In the Delaware case, the Su cent years. It is apparent that such segregation has long been a nation-wide problem, not souri ex rel. Gaines v.

Canada, 305 U. S. 337; Sipuel V. Okla qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs: Sanction of Law 'Segregation of white and colored children in public schools has a detrimental effect upon the colored children.

The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the Negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction 2281 and 2284, denied the requested relief. The court found that the Negro schools were inferior to the white schools and ordered the defendants to begin immediately to equalize homa, 332 U. S.

631; Sweatt v. Painter, 339 U. S. 629; McLau- Shop Tuesday 9:15 to 5:45 mn AwSmwIll ik. fen i Mandel "Brothers Burton (left) and Minton.

Lincoln Village 9:30 to 5:30 rin v. Oklahoma state regents, 339 U. S. 637. In none of these cases was it necessary to re II examine the doctrine to grant relief to the Negro plaintiff.

And in Sweatt v. Painter. the facilities. But the. court sustained the validity of the contested provisions and denied the plaintifs admission to the white schools during the equalization program.

98 F. supp. 529. This court vacated the District court's judgment and remanded the case for the purpose of obtaining the ratio, extra curricular activities, physical plant, and time and distance involved in travel. 87A.

2D 862. The chancellor also found that segregation itself results in an inferior ed supra, the court expressly re served decision on the ques tion whether Plessy v'. Fergu ucation for Negro children son should be held inapplicable to public education. court's views on a report filed by the defendants concerning Question Directly Posed "In the instant cases, that the progress made in the of law, therefore, has a tendency to retard the educational and mental develop question is directly presented. equalization program.

342 U. S. preme court of Delaware adhered to that doctrine, but ordered that the plaintifs be admitted to the white schools because of their superiority to the Negro schools. Contend Lack of Equality The plaintifs contend that segregated public schools are not equal and cannot be made and that hence they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented, the court took jurisdiction.

2 Argument was heard in the 1952 term, and reargument was heard this term on certain questions propounded by the court. 3 Reargument was largely devoted to the circumstances surrounding the adoption of the 14th amendment in 1868. It covered exhaustively consideration of the amendment in Congress, ratification by the states, then existing practices in racial segregation, and the views of proponents and opponents of the amendment. This discussion and our own investigation convince us that, altho these sources cast some light, it is not enough to resolve the problem with which we are faced. "At best, they are inconclusive.

The most avid proponents of the post-war amendments undoubtedly intended them to remove all legal distinctions among 'all persons born or naturalized in the 350. On remand, the District court found that substantial equality had been achieved except for buildings and that the defendants were proceeding to ment of Negro children and to deprive them of some of the benefits they would receive in a racially integrated school 10 "Whatever may have been Here, unlike Sweatt v. Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications, and salaries of nobody Both sections lock, assure utmost security rectify this inequality as well. 103 F. supp.

920. The case is the extent of psychological knowledge at the time of buying again here on direct appeal under 28 U. S. C. 1253.

teachers, and other tangible factors. 9 Our decision, therefore, cannot turn on merely a comparison of these tangible Virginia Case Details "In the Virginia case, Davis factors in the Negro and white Plessy V. Ferguson, this finding is amply supported by modern authority. 11 Any language in Plessy V. Ferguson contrary to this finding is rejected.

schools involved in each of nothing until the cases. We must look in stead to the effect of segregation itself on public Conclusion of Decision "We conclude that in the see note 10, infra, but did not rest his decision on that ground. At 865. The chancellor's decree was affirmed by the Supreme court of Delaware, which intimated, however, that the defendants might be able to obtain a modification of the, decree after equalization of the Negro and white schools had been accomplished. 91 A.

2d 137, 152. The defendants, contending only that the Delaware courts had erred in ordering the immediate admission of the Negro plaintiffs to the white schools, applied to this court for certiorari. The writ was granted, 344 Uv S. 891. The plaintiffs, who were successful below, did not submit a cross-petition.

"2 344 U.S. 1,141, 891. Attorney General Participates 3 345 U. S. 972.

The attorney general of the United States participated both terms as amicus curiae. 4 For a general study of the development of public education prior to the amendment, see Butts and Cremin, A History of Education in American Culture' 1953, pts. II; Cubberley, 'Public Education in the United States' 1934 cc. II-XII. School practices current at the time of the adoption of the 14th amendment are described in Butts and Cremin, supra, at 269- Neat size: 30" high, 10" deep, 12" wide vs.

county school board, the plaintiffs are Negro children of high school age residing in Prince Edward county. They brought this action in' the United States District court for the eastern district of Virginia to enjoin enforcement of provisions in the state constitution and statutory code which require the segregation of Ne field of public the In approaching this prob lem, we cannot turn the clock Carson's back to 1868 when the amend ment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider doctrine of 'separate but equal has no place. Separate educational facilities are inherently unequal.

Therefore, we hold that "the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation com 98 8 groes and whites in public schools. Va. 140; Va. code 22-221 1950. The three public education in the light of its full development and its Century unitea Mates meir oppo present place in American life nents, just as certainly, were judge District court, convened under 28 U.

S. C. 2281 and 2284, thruout the nation. Only in antagonistic to both the letter plained of, deprived of the FIIILIE (CADBIIMIET this way can it be determined denied the requested relief. and the spirit of the amend The court found the Negro ments and wished them to if segregation in public schools deprives these plaintifs of the have the most limited effect equal protection of the laws.

What others in Congress and school inferior in physical plant, curricula, and transportation, and ordered the defendants forthwith to provide sub equal protection of the laws guaranteed ythe 14th amendment. This disposition makes unnecessary any discussion whether such segregation also violates the due process clause of the 14th amendment. Importance of Education "Today, education is per roomy storage space-saving size! Top section has two filing compartments, one-slielf cabinet holds valuable household and office papers. Starting set of file folders included. Mail your orders or phone STate 2-1500 Add 25c for C.O.D.

Day Ws thursday stantially equal curricula and haps the most important function of state and local governments. Compulsory school at transportation and to proceed with all reasonable diligence 12 STATIONERY, 1ST, WABASH Also at Lincoln Village Because these are class ac tendance laws and the great expenditures for education both demonstrate our recogni tions, because of the wide applicability of this decision, and and dispatch to remove' the inequality in physical plant. But, as in the South Carolina case, the court sustained the because of the great variety tion of the importance of edu cation to our democratic soci validity of the contested pro of local conditions, the formulation of decrees in these cases presents problems of visions and denied the. plain ety. It is required in the per CHOICE OF SCENIC ROUTES TO tiffs admission to the white the state legislature had in mind cannot be determined with any degree of certainty.

Status of Education An additional reason for the inclusive nature of the amendment's history, with respect to segregated schools, is the status cf public education at that time. 4 In the south, the movement toward free common schools, supported by general taxation, had not yet taken hold. Education of white children was largely in the hands of private groups. Education of Negroes was almost nonexistent; and practically all of the race was illiterate. In fact, any education of Negroes was forbidden by law in some states.

Today, is cor.tr aci, many Negroes have achieved out- FREQUENT SERVICE TO CANADA and EAST COAST considerable complexity. On schools during the equaliza tion program. 103 F. supp reargument, the consideration 337. The case is here on direct of appropriate relief was formance of our most basic responsibilities, even service in the armed forces.

It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional Bum Onoway Dally Faro necessarily subordinated the primary question the con appeal under 228 U. S. C. 1253 Delaware Case Details Buses Ono-way Doily Faro MONTREAL ii $51.35 19.65 QUEBEC 2 36.05 TORONTO .....4 12.S5 and the Great N6rthwest LOS ANGELES or SAN FRANCISCO i 17 Bum Dolly iiisi.

nr I Bute One-way' Bu On-woy Dolly Faro Daily Faro $40.35 i $40.85 NtWI SLUMBER-STOP SERVICI TO SAN FRANCISCOI Scenic highway travel by day approved hotel stops each night all included for i only $56.65 $22.30 11.95 17.65 16.51 BOSTON. 9 NEW 15 PHILADELPHIA WASHINOTON.D.C.5 stitutionality of segregation in public education. We have "In the Delaware case, Geb-hart vs. Belton, the plaintifs are Negro children of both ele now announced that such segregation is a denial of the 14-Day Circle Tow of New England, including all Hotels, Transportation, Sightseeing 1 1 $146.45 mentary and high school age training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in equal protection of the laws.

residing in New Castle county, They brought this action in the Delaware Court of Chan standing success in the arts life if he is denied the" oppor cery to enjoin enforcement of provisions in the state consti In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the docket, and the parties are requested to present' further argument SAVE DOLLARS TO THE smr EXPRESS AND LIMITED SERVICE TO tunity of an education. Such an opportunity, where the tution and statutory code which require the segregation state has undertaken to pro SOUTH and SOUTHWEST Many Through and Express Schedules of Negroes and whites in pub vide it, is a right which must be made available to all on and the Romantic Southland on questions 4 and 5 previously propounded by the and sciences as well as in the business and professional world. It is true that public education has already advanced further in the north, but the effect of the amendment on northern states was generally ignored in the congressional debates. Even in the north, the conditions of lic schools, Del. art, Del.

rev. code 2631 1935. The equalterms. Buses Ono-way Daily Faro DALLAS 9 $17.45 SAN ANTONIO 9 23.05 LAREDO 1 26.15 MEXICO CITY 3 35.65 Bums Ono-way Daily- Faro MEMPHIS i i 9 9.50 NEW ORLEANS 9 14.95 KANSAS CITY 11 S.45 PHOENIX 34.05 chancellor gave judgment for the plaintiffs and ordered their Buses One-way Do'tly Faro 10 $26.50 ST. PETERSBURG.

10 24.25 JACKSONVILLE 10 20.45 Buses Ono-way Doily Faro TAMPA. lo $29.75 ATLANTA .....10 14.40 BIRMINGHAM 10 13.SS Question Now Presented 1 We come then to the ques court for the reargument this term. 13 The attorney general of the United States is again invited to participate. The attorneys general of the immediate admission to tion presented: Does segregation of children in public schools previously attended public education did not ap 17-Doy Clrclo Tour to exciting Mexico Gtr, including all Hotels, Transportation, Sightseeing, $200.15 14-Doy Clrclo Tour including Hotels, Transportation, Sightseeing all over Florida i only $127.20 ft states requiring or permitting schools solely on the basis of proximate those existing today. The curriculum was usu- only by white children, on the ground that the Negro schools were inferior with respect to segregation in public educa race, even tho the physical tion will also be permitted to ally rudimentary; ungraded Fores and Tour Prices shown do nof Indud V.

S. Tan facilities and other 'tangible' factors may be equal, deprive teacher training, pupil-teacher appear' as amici curiae upon request to do so by September 15, 1954, and submission of schools were common in rural areas; the school term was but three months a year in many the children of the minority group of equal educational op THE PEARSON HOTEL portunities? We believe tha it briefs by October 1, 1954. 14 states; and compulsory school attendance was virtually unknown. As a consequence, it aoes. "In Sweatt V.

Painter, su "It is so ordered. Footnotes to Opinion Following are texts of ex NEW GARDEN ROOM 3: is not surprising that there should be so little in the his planatory footnotes to the text pra, in iinoing tnat a segregated law school for Negroes could not provide them equal educational opportunities, this court relied in large part on WEDGWOOD ROOM GEORGIAN ROOM For four PARTIES, tory of the 14th amendment relating to its intended effect GREYHOUND TERMINAL of the Supreme court opinion proper in the segregation case Clark and Randolph Srt. Financial 6-5000 as referred to in the text on public education. First Cases Recalled CLUB MEETINGS, WEDDINGS fl proper by number: "In the first cases in this BANQUETS. Other Occasions jj "lIn the Kansas case, 'those qualities which are Incapable of objective measurement but which make for greatness in a law school." In McLaurin V.

Oklahoma state Brown vs. Board of Education, 190 EAST PEARSON STREET! StfSl (DOPES court construing the 14th amendment, decided shortly after its adoption, the court the plaintifs are Negro chil 3 For Risirvitions SUpirler 7-8200 3 dren of elementary school age residing in Topeka. They regents, supra, the court, in interpreted it as proscribing.