Evening star., 1949-11-13


Supreme Court and the United S.
Whichever way the decision
District and from Texas and Okl
legal history and have far-reachi
The rulings could Surpass il
1948 finding that racial restrictive
property covenants cannot con-
stitutionally be enforced by court
order.
Arguments aimed at shatterine
judicial props to segregation OF
white and colored people ask
complete reversal of long-stand-
ing opinions of the Supreme
Court.
The basic issue is not solely
whether racial gregatio n
amounts actually to racial dis
elimination. The fundamental
question also is whether racial
segregation as such-in schools
railroad dining cars or anywhere
else-should be declared contrary
to the Constitution.
Two-State Complaint
The high tribunal last Monday
agreed to review complaints that
Oklahoma and Texas Negroes,
because of race and color. either
were denied admission to the
State universities or were pre-
vented from enjoying equal stand-
ing and facilities in those insti-
tutions.
The Court Of Appeals heard ar
guments last December in two
cases testing constitutionality and
official authority for the segre-
gated public school system in the
District. The appellate court has
not indicated how soon 1t will
hand down decision.
A related case, dealing with
asserted discrimination resulting
from racial segregation in dining
cars on three Southern railroads
is tentatively scheduled for Su-
preme Court hearing next month.
1t is an appeal by a Washington
Negro. Elmer w. Henderson, from
Federal Court decisions in Virginia
and Maryland upholding the par
titioning of a small section of
dining cars for Negro patrons.
The Interstate Commerce Com
mission several years ago approved
that arrangement. The Justice
Department recently interviewed
with a friend-of the court brief
to denounce the separate but
equal policy.
53-Year.Old Decision
These cases boil down to dis
pute over the strength of prior
court pronouncements-one as far
back as 1896 - on which many
States and communities maintain
the so-called separate-but-equal
facilities for Negroes and whites.
The case Of "Plessy VS.. Fergu-
son" has cropped up with increas-
ing urgency. That key decision
by the Supreme Court SO years
ago upheld a Louisiana law re-
quiring separate-but-equal rail-
road facilities for colored pass
sengerS in intraState transporta-
ton.
Plaintiffs In the present litiga-
tion want that decision upset and
knocked out once and for all. De-
tenders declare it has had the
consistent backing of congress
sional enactments, public policy,
States rights" and constitu-
tional provisions. 4,
"The object of the 18th amend
ment," the Supreme Court stated
in 1895. twas undoubtedly to
enforce the absolute equality
of the races before the law, but in
the nature of things it could not
have been intended to abolish
distinctions based upon color or
to enforce social. as distinguished
from political, equality or a COM
mingling of the two races upon
terms satisfactory to either"
Two Rulings on Schools
Two major decisions by the
Supreme Court in 1888 and 1948
carry special significance in dis
cussions of present school segre-
cation cases. Each side believes
the decisions lend greater weight
to their cause.
The Gaines case Of 1888 in
volved a Negro who sought admis-
sion to the University of Missouri
Law School. The State, at that
time, operated no law school for
Negroes but paid tuition for
Missouri Negroes willing to study
In out-of- State schools.
The Supreme Court said she
was entitled to the equal protec-
ton of the law and the State was
bound to furnish him, within its
borders. facilities for legal educa-
tion equal to those which the
State afforded to persons of the
white race. whether or not
Negroes sought the same oppor-
tunity."
Advocates Of the segregated
system quoted the following state
ment of the late Chief Justice
Hughes as bolstering their stand:
1.-THE adnissibility of laws sep
arating the races in the enjoy
ment of privileges afforded by the
States rests wholly upon the
equality of the privileges which
the laws give to the separated
groups within the State. =
We are of the opinion that the
petitioner was entitled to be adj
mitted to the law school of the
State university in the absence
of other and proper provision for
his legal training within the
State"
The McIaurin Suit
The Sipuel case last, year was q
forerunner of the current appeal
from Oklahoma. The Supreme
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