Arkansas State press. [volume] (Little Rock, Ark.) 1941-1959, 1950-06-16

vantage"
The Court held that fair the rules and pac-
tees under consideration might operate average in
proportion to the volume traffic Negro and white
passengers they failed satisfy requirements the In.
tersate Commerce Act Each passenger ticket entl
ing him the dining equally entitled to its
facilities in accordance with reasonable regulations"
1--WE need not multiply instances in which these rules
sanction unreasonable determinations The curtains parti
tons and signs emphasize the arcaty of difference in
treatment which only to call attention a racial
classification of passengers holding identical tickets
ing the same public dining facility"
Thus appears that under this any and regu
atons which require differences between passen
in form of interstate travel solely because of
unlawful The decision would appear therefore reach all fac
ties to which interstate passenger is entitled with
the type of ticket purchased We believe that will fruess
fer the railroads to attempt limit the decision dining
facilities
The Alpha Phi Alpha Fraternity its lawyers Bedford "
Lawson and Jawn Sandfer are to be congratulated in bringing
this through the Interstate Commerce Commission the
lower federal court and to the Supreme Court.
1t is that the dealt only with between
the states and therefore be said that will effect
travel alone However, believe that will difficult
and practically impossible for attempt to
enforce set of regulations passengers travelling within
state and set of regulations its travelling
between states Further view of the decision of the Court
Mc1aun Board Of Regents the ground has been laid for
attack upon differences passengers
under the equal protection clause of the Fourteenth Amendment
Sweat Case
In the Sweat opinion Chief Justice Fred NJ Vnson speak
unanimous Court insisted that
did involve question the validity segregation
all phases the history litigation this
beginning 1916 traced through the appeals
through the Texas In reviewing the evidence
the law schools Texas the Chief Justice gave the
states the most favorable Interpretation of their allegations
concerning the alleged equality of the schools and after
ing this showed how impossible obtain equal educa
segregated law school regardless of the physical equal
ty between the two institutions.
The opinion pointed despite alleged equality
the schools student body library and other
items, important difference that the University of Tex
School possesses degree those qualities
which are incapable of objective but which make
nua1iti to fau
include reputation of the faculty experience of the admnstra
on position and influence of the alumni standing in the
muny traditions prestige 1t difficult believe that
who had choice between these law schools would consider
the question close Other important language in the opinion CIV
Ing the true scope of the opinion is the following quotation
Few students and one who had practiced law would
choose to study academic removed from the
interplay ideas and the exchange of views with which the
law concerned school to which Texas is willing
admit petitioner excludes from its student body members
of the racial groups which number IS per of the popua
ton Of the State and include most of the lawyers witnesses
jurors judges and other officials with whom petitioner will
inevitably be dealing whom he becomes member of the
Texas Bar. With such substantial significant seq
ment of society excluded cannot conclude that the
ucaon offered petitioner is substantially equal that
which he would receive if admitted to the University of
Texas Law School
ut may be argued that excluding petitioner from that
school is different from excluding white students from
the law overlooks realities II is
unlikely that member of group so decisvely in the ma
oriy attending school with rich traditions prestige
which only history of consistently maintained excellence
could command would claim that the opportunities afford
petitioner That such claim if made would be dishonor-
ed by the State, is Equal protection of the
laws is not achieved through indcrmnae imposition of
inequalities
Although opinion refused the decision of
Pessy Ferguson the Court nevertheless ruled that equal
legal education sis available to him in separate law school
offered by the state and that 1.-THE equal protection clause
Of the Fourteenth Amendment requires that petitioner be adj
mtted the University of Texas Law School, This opinion
language leaves for doubt in anyones mind
that which maintains law school must adj
NIT qualified Negro students and cannot refuse them the
basis of and color.
Nc laurin Case
the Mcaurin the unanimous opinion rendered by
Chief Justice specific to the uncons
tionay of racial segregation in graduate education The opn
reviewed the action of the State OF Oklahoma in first
fsng admit Professor G. w. McIaurn to the Graduate
School and then after legal action commenced of admit
ing him but requiring him to be segregated from the other
students It Is significant that in regard to this separation the
Supreme recognized that the result Of such separation
handicap the Negro student n his pursuit of effective
graduate Instruction. and that Such restrictions impair and
nhbt his ability study in discussions and exchange
Views with other students and in general to learn his profess
sion"
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