Evening star., 1949-10-27
Opinion Sought
On Principle
Of Segregation
Judge Bryon Studies
Negro Lawyers Plea
In School Bios Suit

negro lawyers nave asked Fed
eral Judge Albert v. Bryan to de.
eide whether the principle o1
segregation, as practiced in Vir-
ginia, results In racial discrimina
ton in the Arlington public
schools.
Such plea was made yester-
day in the District Court at Alex
andria., during closing arguments
OF a suit against the Arlington
School Board. Through their par
ents. several colored pupils COM
planned that they do not have edu-
cational opportunities equal that
provided white children.
Judge Bryan took the case un-
der advisement. He announced
that before rendering an opinion
he planned further inspection OF
school properties figuring in the
case.
Contention of Plaintiffs.
, Leon A. Ransome of Washing
ton. and Spottswood w. Robinson
of Richmond, counsel for the COL
ored plaintiffs, told Judge Bryan
that there canot be separate and
equal facilities for the races. They
contended segregation. as applied.
causes discrimination.
This argument brought immedi-
ate objections from Lawrence w
Douglas, attorney for the School
Board. who said it was not rele-
want to the case at hand. Mr.
Douglas asserted that the matter
of segregation is not raised by
the complaints filed, but only the
question of equal education.
1T has been assumed, and we
now assume that segregation is a
fixed principle" said Mr.. Doug
las. The question now is not
whether it is socially or eco
nomically sound and the dis
cussion of that difficult and ab-
stract question has no proper place
in this argument
See Advantages Denied.
The Negro lawyers said colored
children attending Hoffman Bos-
ton High School are denied ad-
vantages white children get at
Washington-Lee High School with
respect to physical plants. courses
of study and school equipment
This situation, they said. is due
to the fact that the races are
separated under a provision of the
Virginia constitution.
I'VE assert that there cannot
be separate and equal facilities for
the races" Mr.. Rsnsome said.
Mr.. Douglas contended the
plaintiffs had confused the terms
equality and identity" He said
this was illustrated in the testi-
mony of two of the plaintiffs s
leading witnesses. He referred to
DR.. Martin A. jenkins. president
CT Morgan State Teachers Col
lege. Maryland. and DR.. Ellis o.
Knox. a professor of education at
Howard University.
Calls Position Ridiculous.
Mr.. Douglas recalled that these
witnesses testified the colored high
school should be equipped and
stated exactly like the white
school, regardless of whether there
lis demonstrated need. He said
the witnesses proposed that Hoff-
man-Boston establish a cadet
corps for one boy simply because
Washington and Lee has one for
many hundreds.
That" he said, sis a ridiculous
position. Failure to follow such
a course is certainly no valid evil
dence of discrimination. If such
"a course were followed, 1t would
more probably be evidence of in
sanity on the part of the school
administrator undertaking to do
it,"
The plaintiffs criticized the
School Boards stands on ideal
sizes of student bodies. practice of
economies, declaration that
there is no intent" to discrimi-
nate, and promises to take care
of the future Negro needs.
We've lived on promises and
hopes" said Mr.. Ransome. We're
not asking for more of them, but
we are asking that our rights be
satisfied now"
Attack waiting" Policy.
The colored attorneys also at
tackled an Arlington policy of
waiting until there is demand
for a course before instituting it
in the Hoffman-Boston curricu-
lum. They scored the practice of
sending pupils to the Manassas S
regional vocational schools, if
they cannot be taught desired
subjects within the Arlington sys-
tenn.
Conditions must be equalized or
segregation must be abandoned, 4"
declared Mr.. Robinson. I'VE do
not concede the validity of segre-
CATION. but since it Is practiced in
Arlington, this county must pro-
vide protection and equality un-
der the law"
Mr.. Douglas said the issues in
this case, as in any other. are
drawn by the plaintiffs pleading.
He noted that the original COM
plainant, Constance Carter, never
appeared as a witness in court. He
said the School Board had fur
nished uncontradicted evidence
that her original charges were un-
true. He said all the courses she
said she was denied were available
to her at the time.
Problems in Transfers.
I