Evening star., 1950-06-06
The Segregation Decisions

The Supreme Court, in three segregation
decisions yesterday, refused to strike down the
separate but equal" doctrine proclaimed in 1896.
Nevertheless, in the areas covered by the three
decisions, the court dealt heavy blow to the
practice Of segregation.
In the case involving the Southern Railroad,
the courts ruling, announced by Justice Burton,
was clear-cut 1t held that the railroads regu-
lationS providing for the separation of white and
colored passengers in its dining cars created an
undue or unreasonable prejudice or disadvan
tage" in violation of the Interstate Commerce
Act AS a practical matter, in the light of this
decision it appears that segregated dining cars
are thing of the past.
The school cases, involving the University
of Texas Law School and the University of Okla
homa, brought forth decisions that may be
somewhat ambiguous. STILL the language used
supports the conclusion that segregation Is
doomed in what the court calls professional and
graduate education" in State-supported insti-
tutions.
AS in the railroad case, the court, in the
school decisions, refused to review the separate
but-equal doctrine. It then proceeded, however,
to set out a concept of substantially equal
facilities" which seems, in effect, to make it i'm
possible for any State to maintain segregation
at the higher educational levels.
This can be most clearly seen in the Texas
decision, announced by Chief Justice Vinson for
unanimous court.
Texas had made what appeared to be an
honest effort to provide law school for Negroes
substantially equal to that maintained for whites
The Texas courts had found without exception
that substantial equality existed But Chief
Justice Vinson swept all of this aside.
After enumerating certain tangible inequal-
ties, the Chief Justice went on to say: What is
more important, the University of Texas Law
School possesses to far greater degree those
qualities which are incapable of objective meas
urement but which make for greatness in law
school. Such qualities, to name but a few, in
clude reputation of the faculty, experience of
the administration, position and influence of the
alumni, standing in the community, traditions
and prestige" The Chief Justice went even fur
ther, but the quoted language is enough to ind-
cate that it will be virtually impossible for any
State to set up any separate law school for
Negroes which will measure up to the courts
concept of substantially equal facility.
The courts conclusion in the Texas case was
that the complaining Negro must be admitted to
the law school. And it is at this point that the
Oklahoma decision comes into play. The Negro
complainant had been admitted to the University
OF Oklahoma, but various devices were used to
keep him in segregated status The court
swept them all aside, and said that, once ad-
mitted, Negro must be accorded the same treat
ment given white students. So the combined
effect of the two rulings is (D that Negro
applicant must be admitted and, (2) that once
admitted he cannot be Disseminated against
in any way.
This leaves the practice of segregation at
the elementary and high school levels in an un-
certain status. But it seems evident enough that
the Supreme Court has taken this whole matter
into its own hands AS future cases come along,
the judges will determine when and where segre-
cation will be outlawed in the public school
system. And that determination will be made
in the light of such standards and tests as the
court may deem to be appropriate at the time.