Evening star., 1950-02-16
Segregation Wins in Court

In upholding this ctys segregated public
school system, the United States Court of Appeals
has passed on two basic issues. One is question
of fact, the other a question of law.
The question of fact, stated with some over
simplification is this: Are Negroes Disseminated
against in the District schools? Judges Pretty
man and Clark said they are not. Judge Edger-
ton said they are.
The question of law is whether, in the
absence of discrimination, segregated schools are
forbidden by statute or by the Constitution
Judges Prettyman and Clark said no. Judge
Edgerton would abolish segregation both on the
ground that, as practiced, it unconstitutionally
discriminates against Negroes, and that it still
would be unconstitutional if there were no
discrimination.
The majority opinion written by Judge
Prettyman, did not contend that there is literal
equality between the two school systems 1t
conceded that, as some white schools have
suffered by comparison in the past some Negro
schools are suffering now. Judge Prettyman said
that all needs in city growing and changing
like Washington cannot be met at one time.
Temporary expedients, he added, probably will
always be necessary, and they do not amount to
unequal treatment in the constitutional sense as
long as there is not "a program or policy OF
discrimination in these temporary matters"
Judge Edgerton struck hard at this thesis
in his dissent. He drew for information upon
sources-the Strayer report and the report OF
the Presidents Committee on Civil Rights
which have dubious place in a proceeding of
this kind. But they sources which lend
strong support to his contention that there has
been long history of inequality in the colored
school system with respect to such things as
buildings, their locations courses offered, special
facilities, and teacher loads. Reading his dissent
on this factual score, the impression is strong
that there had better be no dragging of feet in
the current program to improve the Negro schools.
His argument on the constitutional aspects,
however, is quite another matter On this score,
the dissent is more of an emotional outburst
than judicial discourse.
He is not content to assert that segregation,
even without inequality, is unconstitutional. He
goes on to attack segregation as preventing
mutual acquaintance" and implies belief that
the public schools should be used to compel
association of white and Negro children for the
good of each race.
Judge Edgerton also took note of the sug-
gestion that, in some places, it would be dill
cult to enforce a law banning segregation IN
public schools. "No such suggestion" he SAID,
sis relevant here. When United States courts
order integration of District of Columbia schools
they will be integrated" That probably is true.
Nonetheless, it is surprising statement coming
from Judge of the Court of Appeals. For II 1t
means anything, it means that Judge Edgerton
thinks the Federal courts should impose on the
City of Washington a policy that flies in the face
of repeated congressional enactments, that is
not justified by any Supreme Court interpreta-
ton of the Constitution, and which possibly could
not be imposed by law in other parts CT the
country At best, it smackS of advocating the
use of judicial power to attain an objective OF
questionable legality and dubious wisdom
Judge Prettyman, speaking for the majority,
took a less emotional and much sounder view.
"Since the beginning of human history" he said,
mo circumstance has given rise to more difficult
and delicate problems than has the coexstence
of different races in the same area. Centuries
of bitter experience in all parts of the world have
proved that the problem is fnsoluble by force
of any sort. The same history shows that it is
soluble by the patient processes of community
experience. Such problems lie naturally in the
field of legislation, method susceptible of ex-
Fermentation, of adjustment to the current
necessities in a variety of community circum-
stances"