Evening star., 1950-10-08

on those cases make it extremely
difficult if not impossible for
States to provide Negro law
schools or similar higher educa-
ton departments that can meet
the requirements outlined by the
tribunal for ending inequalities,
tangible or Intangible.
In any event. the recent rulings
BY lower courts in the Virginia
and Maryland cases unquestion-
ably were guided by those Su-
preme Court opinions. That has
been demonstrated not only by
the nature of the decisions but by
the statements of judges and at
torneys in the suits.
Guided by High Court
Judge John T. Tucker, in Balti-
more City Court. closely followed
the McLaurin decision in finding
that Parren j. Mitchell, a Balti-
more Negro, was oentitled to ad-
mission to graduate classes in
sociology at College Park. The
judge held that establishment of
separate course in Baltimore
would not give Negro equal op-.
portunity to educational advan-
tages enjoyed by white students
studying the same subjects at
College Park.
Maryland University already
admits Negroes to it's law school
in Baltimore. When Miss Esther
McCready, Baltimore Negro, ap-
piled last year for entrance to
the university's School Of Nursing
at Baltimore she was informed
that the university would enable
her to attend Negro school at
Nashville, Tenn. She went to
court.
Baltimore City Court Judge w.
Conwell Smith said the univer-
sity met its obligations by offering
to send Miss McCready to an ade-
quate school in another State.
The State Court of Appeals re-
versed him. It declared Mary
land must provide within its
borders equal educational facili-
ties for Negroes and whites. The
State wants the Supreme Court to
review the issue.
Other Gases Pending
-Four other controversies of the
same kind are pc. ling in Mary
land courts. The MeCready case,
raises a special question. It at
tacks regional educational pact
OF IA Southern States which, ac-
cording to attorneys for Miss Nc
Cready, aims at strengthening or
building segregated schools to
avoid opening colleges to Negroes.
State constitutions and legisla-
tive acts have played a big part
in all this litigation. particularly
in Virginia.
When the University of Virginia
last July turned down the applica-
ton of Gregory Swanson, a Negro,
for admission to the law school, it
stated that "the constitution and
laws of Virginia provided that
white and colored shall not be
taught in the same schools"
Attorney General j. Lindsay Al
mond, Jr. expressed grave doubt"
that the State law applied to seq
regation at graduate schools. He
also voiced doubt that the uni
versity's decision would stand up
in the Federal courts.
A Federal court panel consisting
OF Judges John j. Parker and
Morris T. Soper of the Fourth Cir
cult Court of Appeals and Federal
fDistrict Judge John Paul held a
hearing September 5. In less than
80 minutes it granted an injunc-
ton requiring the university to ad-
NIT MIR. Swanson, a Howard Uni
versity law graduate then prac-
ticing at Martinsville, Va.
Not only did Mr.. Swanson enter
the graduate law school Septem-
ber 81 but another Negro, Walter
N. Ridley, o Virginia State College
faculty member, a week later, be-
came the first colored man to
enroll in the university's extension
classes. He registered for courses
leading to a doctorate of philos-
ophy in education.
Close observers Of Supreme
Court activities foresee many fol-
low-up test cases. although no
flood seems likely at this time.
Several suits from other parts
of the country may eventually
reach the high tribunal. The court
will be asked again, perhaps at
the term that started last Mon
day, to declare racial school seq
regation unconstitutional as such.
Case of d. G.. Schools
The traditional habit Of dealing
with specific cases instead of broad
constitutional questions indicates
that clearer-cut appeal will have
to present itself before the Su-
preme Court considers any sweep
ing decree of that sort.
Opponents of segregation new
ertheless plan to press for deci-
sions in cases covering not only
universities and colleges but high
schools and grade schools.
The court battle to end segre-
cation in District schools will be
renewed, attorneys announced last
week. The United States Court of
Appeals here last February de-
cided by a 2-1 vote that segre-
cation alone did not necessarily
imply inequality of public school
facilities in Washington.
Attorneys for Negro pupils said
they would not carry that case to
the Supreme Court but would file
a newer and tighter" test in
District Court this month.
A case involving Arlington
schools went to the United States