Evening star., 1950-04-15
Segregation End
Seen in Nursinq
School Ru|inq
Appeals Court Tells
Maryland University
To Admit Negroes
BY the Asseeiofed Press

ANNAPOLIS, April 15.-Mary-
lands system Of segregation in
higher education was being re-
viewed carefully today in the wake
of a Court of Appeals decision
that threatens to break it down
entirely.
| The States high court ruled
yesterday that Maryland cannot
deny Negro education at State
institution solely because of race.
1t ordered the University of Mary
land to admit Esther McCready,
10, of Baltimore to it's school of
nursing.
The State had contended it
would have provided equal facili-
ties by sending Miss McCready
to Meharry Medical College in
Nashville, under the Southern
compact for regional education.
Regents Plan Meeting.
The university's Board of Re-
gents was expected to discuss
what's to be done at a meeting
today, although it was called for
another purpose.
President H. C. Byrd said the
school either could appeal the
decision or make preparations for
providing equal facilities in Mary
land"
Then he added:
THE only course to be taken, as
far as I can see, is to make prep
aration for providing equal fa-
cilities."
Attorney General Hall Ham
mond said he did not know
whether an appeal would be taken
to the Supreme Court.
Likewise, he said it is hard to
tell" what effect the decision will
have on six other similar cases
now pending in lower courts.
There are factual differences in
each of those cases." he added.
The other six suits were brought
by Negroes seeking admission to
the schools of dentistry and phar-
macy in Baltimore and the COL
leges of engineering and home
economics on the main campus at
College Park.
At present the only college of
the university admitting Negro
students is the college of law,
which also is in Baltimore.
The court rejected the States
argument that the Southern
compact "is available as a means
of effecting segregation when
such means are not avail
able within the confines of the
several States"
Reversing a Baltimore decision,
the court held the State University
cannot substitute out-of State
training for its own course.
The case is expected to be ap-
pealed to the Supreme Court.
Adopted year ago, the regional
compact provides for professional
education of whites or Negroes at
various State institutions.
Under it's terms, several white
and Negro students now are TAX
ing out-of-State courses which
are not available in their home
States.
Conceding that the compact is
mot aimed at segregation" the
university argued Maryland could
use it to maintain it's policy of
segregation.
Offered Travel Expenses.
The State offered to pay Miss
McCready's travel expenses, but
she insisted upon her right" to
attend nursing school in her home
State.
Judge Charles Markell prepared
the opinion upholding her con-
Jention.
Maryland's highest court in the
SO decision reversed a decision
by Chief Judge w. Conwen Smith
of the Baltimore supreme bench.
Judge Smith had refused to
issue writ of mandamus COM
pelling the university to admit
Miss McCready to it's school of
nursing.
A Missouri case settled the ques-
ton of whether a Negro could be
given aid to attend school outside
the State, the Maryland court
said.
That point had not been de-
cided in Maryland's last precedent
making case involving education
for Negroes, when Donald G. Muir
ray in 1885 became the first Ne
gro admitted to the University of
Maryland Law School.
Mr.. Murray represented Miss
McCready in yesterdays test case.
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