Evening star., 1952-12-07
Few Dixie States Have
School Plan if Court
Bans Segregation
BY the Asseeiotsd Press

down, Georgia's public school
system will cease to exist.
And in South Carolina, Gov.
James F. Byrnes has said that If
his State is forbidden to send
white and Negro students to sepa-
rate schools, it will reluctantly
abandon its public school system.
The Supreme Court will begin
hearing arguments on the touchy
racial question December 8. It
has Jumped together five separate
segregation suits involving Della
ware, Kansas, South Carolina.
Virginia and the District Of
Columbia. An act of Congress
requires segregation in the Dis
trict of Columbia. State laws are
being tested in the other four
cases.
Facilities Not Equal.
In the Delaware case the State
Supreme Court held that educa-
tional facilities for Negroes were
not equal to those for white.
Lower courts to date have upheld
segregation in the other cases
but have insisted that facilities
be equal.
A newly completed Associated
Press survey showed few South
ern or border states have taken
any definite steps to maintain
segregation in the event Of an
adverse Supreme Court decision.
Nor has there been much public
discussion by responsible State
leaders Of plans to preserve the
system should the court declare
It unconstitutional
Correspondents talked with
Government officials in the Dis
trict Of Columbia. Maryland, Vir-
ginia, West Virginia. North Caro-
lima, South Carolina. Georgia,
Florida. Alabama. Mississippi.
Louisiana, Texas, Arkansas, Okla
homa, Missouri. Kansas, Tennes-
see and Kentucky. All have
segregation laws except Kansas,
where 1t is authorized in a few
cases.
Talmadge Most Vocal.
Georgia's decision to abolish its
system of free public schools rather
than submit to racial integration
came during the 1851 session of
the legislature. At the instigation
of Gov. Herman Talmadge, most
vocal white supremacy advocate
among Southern governors, the
lawmakers voted to cut off State
funds for any school which per-
mitted white and Negro students
to enroll. They also voted to with
hold appropriations from all
schools if any part Of the Segre-
cation act were voided "by a final
judgment of any court of COM
petent Jurisdiction"
Schools then would be turned
over to private individuals or cor
porations and be operated under
a system of grants.
South Carolina voters endorsed
overwhelmingly in the November
general election an amendment
to the State Constitution repeal
ing requirement for free public
schools. To become effective the
amendment must be ratified by
the 1858 or 1854 General Assembly.
If ratified, the amendment would
leave continuation of the school
system to the Assembly's discre-
ton.
Florida Action Vetoed.
The 1851 Florida legislature
wrote into its general appropria-
tions act clause cutting off
State funds to any institution of
higher learning if segregation at
any Of them should be discon-
tinued by court order "or for any
other reason" It was vetoed by
Gov. Fuller Warren.
Two bills introduced in the
1852 Virginia legislature aimed
at maintaining segregation in the
face of an adverse Supreme Court
ruling were killed in committees.
They would have set up legislative
machinery for leasing schools to
private associations and for allo-
eating State funds to pupils for
their education at private schools
meeting State requirements.
Many State officials in the
South doubt that the private
school idea could stand in court.
They believe that should the
Supreme Court decide segregation
is unconstitutional In public
schools, it would also outlaw the
other program as a subterfuge.
However, State Representative
Sam Englehardt Of Alabama says
he will introduce a bill to create
a private school corporation If
segregation is banned.
State Representative Kenneth
eagle OF Lake Charles, La, says
that If the high court overturns
segregation he will introduce bill
carrying out something similar to
what South Carolina has in mind" J"
Gov. John S. Battle of Virginia
said at Richmond. eff the Supreme
Court abolishes segregation in the
public schools, ] will have the
legislature back in session just as
fast as I can get them here"
Border States Unruffled.
In the District of Columbia and
border States such as Missouri,
Maryland. Kentucky, Oklahoma
and Kansas. officials said they
foresaw little or no difficulty in
complying with an order to cease
segregating Negro and white stu
dents.
The chairman of the Arkansas
Legislative Council, Representative
L. H. Autry. said he felt that a
decision overturning the present
system would result in confusion
and tragedy but we are law
abiding people and it's got to 60
one way or the other"
A wait and see" attitude was
dominant in Mississippi, Texas,
Tennessee, West Virginia and
West Virginia and North Carolina.