The tribune independent of Michigan. [volume] (Detroit, Mich.) 1933-1935, 1934-06-16
Rx Kelly Miller

BY Kelly Miller
The Fourteenth Amendment for
bids any state from denying any
citizen equal protection OF the law.
The spirit and purpose OF this pro-
vision would effectively prevent
any semblance OF race discrimna-
ton by the states. and by logical
Inference, would forbid the FEEDER
nj Government from doing that
which Il forbids the states to do.
Few states have the affrontery
10 iegalize race discrimination, al
though all OF the Southern states
have set up legal distinction on ac-
count OF race. Separate schools,
separate cars, the marriage racial
bar. all operate on the basis OF
race distinction. but presumably,
they avoid race discrimination. at
least on the face OF the law. sep
arate. but equal accommodations
ia the plan on which they profess
10 operate. But actual experience
shows that in every instance. dis
tinction connected discrimination.
Where this discrimination Is OBJ
vious, the Negro has at least a
Chinaman's chance before the
courts. The Supreme Court has de-
cided that a state may operate
separate cars for the races; but
no state can. with legal impunity'
DENY Pullman Car Accommodations
to Negroes as long a. whites are
afforded such accommodation. city
which establishes a High School
for the whites. can be compelled.
by law, TO establish a High School
for Negroes. II a state supports
Medical or Law School Tor
whites. the Negroes, If they know
their rights and have the courage
TO maintain them. may compel
that states 10 furnish like profess
sional training for Negroes also.
Missouri and West Virginia strive
TO meet this requirement by pro-
viding for such training for color
ed candidates in professional
schools in more liberal states. re
Gently the n. A. A. c. j. has ini-
tiated legal action looking to-
wards some such provision for the
professional training OF colored
youth I'm North Carolina. Large
possibilities await the intelligent
and possible insistence on part or
the Negro to abolish or at least
minimize rare discrimination even
where IL has no hope of affecting
race distinction.
The Federal Government from !
the beginning, has been wary or
writing race distinction or race
either in constitu-
tional or statutory law. The Con-
stitution artistically side steps the
issue by cunningly devised phrase
ology. Discrimination I'm represent
alive capacity Is made. not on the
basis OF race but against other
persons. albeit the red man is
flatly Disseminated against on the
score of Indians not taxed.
Although the Thirteenth. Four ,
teenth and Fifteenth Amendments
aimed and hoped TO abolish all race
distinction and race discrimina-
~ - vet the evil pracuce
steadily and stcalthfully made IT'S
way In federl law. either by posi-
ssslt enactment OF ayowed sane
-, ~ ch;fcf J1ssieo farT ,feiivsrsn rs
tng decision. that the right of
states 10 operate separate schools
and cars for the two races is not
TO be questioned The Federal Gov
eminent established Colored
Troops during The civil W a r.
White and colored schools are
maintained in the District OF Co
lumbia. This rs perhaps thu elias
sic instance where ihc Federal
Government sets up aud operates
on the basis Of race discrimina-
ton, The federal support of How
ari University points lu the
same direction While Tho supreme
Court did not avowrdly sanction,
yet il effectively wink,d at racial
segregation IA refusing tu OUTLAW
segregativo covenants m the case
brought before il from NE lleirict
Of Columbia The hna outromc of
the racial issue In clsr ~ The
House restaurant so yalmntly
fought TO It's present issue by Com
gresham oscar Del'rpest is
awaited with keen and serious
anxiety.
Although committed In sundrS
and various ways TO race distlnc
ton. the Federal Government i.
no where committed TO race dis
elimination. II separate school.
are to be provided for the wv,
races In the District OF Columbia
the Government insists that thu
provisions for the two must b'
equal on more than one occa'
sion | have gone before commS