Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1954-05-22

little in the history of the Four
teenth Amendment relating to it's
intended effect on public education.
In the first cases in this court
constituting the Fourteenth Amend
ment relating to it's intended effect
on public education.
In the first cases in this court
constituting the Fourteenth Amend
ment, decided shortly after it's
adoption, the court interpreted it
as prescribing all state-imposed
determinations against the Negro
race. (5) The doctrine of "Sep-
arate but equal" did not make it's
appearance in this court until 1896
in the case of Plessy V. Ferguson,
supra, involving not education but
transportation. (6) A meri c n
courts have since labored with the
doctrine for over half a century.
In this court, there have been six
cases involving the separate but
equal" doctrine in the field of
public education. GU In Cumming
V. County Board of Education, ITS
u. S. 528, and Gong Lum V. Rice,
275 u. S. 70, the validity of the
doctrine itself was not challenged.
~ In more recent cases, all on
the graduate school level, Unequal
ity was found in that specific
benefits enjoyed by white students
were denied to Negro students of
the same educational qualifica tons.
Missouri ex rel. gaines v. Candada,
305 U. S. 337; Sipuel v. Oklahoma
332 u. S. 631; Sewatt V. Painter,
339 U. S. 629; McLaurin V. Okla
homa state regents, 339 U. S. 637.
In nine of these cases was it nee
essary to re-examine the doctrine
to grant relief to the Negro plain
tiff And in Sweat V. Painter,
supra, the court expressly reserv-
ed decision on the question whether
Plessy V. Ferguson should be held
in applicable to public education.
In the instand cases, the ques-
ton is directly presented. Here un-
like Sweat v. Painter, there are
findings below that the Negro
and white schools involved have
been equalized, or are being equal
lied, with respect to buildings,
curricula, qualifications and SAL
aries of teachers, and other "tangi-
BILE" factors.
(9) Our decision, therefore, can
not turn on merely a comparison
of these tangible factors in the
Negro and white schools involved
in each of the cases. We must
look instead to the effect of seq
regation itself on public education.
In approaching this problem, we
cannot turn the clock back to 1868
when the amendment was adopted,
or even to 1896 when Plessy v. Fer
guson was written. We must con-
slider public education in the light
of it's full development and it's
present place in American life
throughout the nation. Only in this
way can it be determined if seq
regation in public schools deprives
these plaintiffs of the equal pro-
lection of the laws.
Today, education is perhaps the
most important function of state
and local governments. Compulsory
school attendance laws and the
great expenditures for education
both demonstrate our recognition
of the Importance of education to
our Democratic society. 1t is re-
ouired in the performance of our
most basic public responsibilities,
even service in the armed forces.
1t is the very foundation of good
citizenship. Today it is principal
instrument in awakening the child
to cultural values, in preparing him
for later professional training, and
in helping him to adjust normally
to his environment.
In these days it is doubtful that
any child may reasonably be ex-
pected to succeed in life if he is
denied the opportunity of an educa-
ton. Such an opportunity of an
education. Such an opportunity,
where the state has undertaken
to provide it, is a right which must
be made available to- all on equal
terms.
We come then to the question
presented: Does segregation of
children in public schools solely on
the basis of race, even though the
physical facilities and other "tang-
ible" factors may be equal. deprive
the children of the minority group
of equal education opportunities ?
We believe that it does.
In Sweat v. Painter, Supra, in
finding that a segregated law
school for Negroes could not pro-
vide them equal educational OPP
portunities this court relied in large
part on "those qualities which are
incapable Of objective measure
,>oo~k l,,k .,,Ls~L ->.1.n e.