The Tribune. [volume] (Roanoke, Va.) 1951-19??, 1954-05-22
SEGREGATION UNCONSTITUTIONAL /.
Continued from Pnoe O,,a

C0"ts"Ne0 from rage one
Georgia, Kentucky, Louisiana, Maryland, Missouri.
Missouri, North Carolina, Oklahoma, South Carolina,
Tennessee, Texas, Virginia, and West Virginia
States with permissive segregation were listed as
New Mexico Wyoming and Kansas.
In an apparent effort to preclude any advance leak
OF the historic ruling the court took the actionunpre
cedented in recent years-of withholding printed comics
OF the decision until had been read in full from the
bench
Ordinarily, pages distribute the printed opinions to
reporters in the courtroom just before the Justice who
wrote the majority view begins to read Thus several
minutes went by before it could be determined how the
court had decided the cases.
After reviewing long line of decisions bearing ON
the separate but equa doctrine Chief Justice Warren
wrote:
eve then to the question presented: Does seq
regation of children in public schools solely the basis of
race, though the physical facilities and other tangi
BILE factors be equal deprive the Children of the mi
nority group of equal education opportunities? We be-
Heve that it does.
Warren said the courts decision Cannot turn on
merely comparison of these tangible factors in the Ne
gro and white school involved" He added eve must look
instead to the effect of segregation itself public eu
cation"
eve must look instead to the effect of segregation
itself on public education"
In approaching the problem, Warren said, eve
not turn the clock back 1868 when the 14h amendment
adopted to 1896 when Plessy vs. Verguson
written
1--WE must consider public education in the light of
it's full development and it's place in American life
throughout the nation
"Only in this way it be determined if segregation
in public schools deprives these plaintiffs (Negroes) of
the equa. protection of the laws.
"Today, education is perhaps the most important
function of state and local governments. Compulsory
school attendance laws and the great expenditu for
education both demonstrate reorganization IF the
Importance of education to democratic society
"In thes days, it is doubtful that any child may
reasonably be expected to succeed in life if he is denied
the opportunity of education. Such an opportunity
where the state has undertaken to provide it, right
which must be made available to all equal terms"
1t at this point in the opinion that Warren said
the court believes segregation denied Negro children of
equal educational opportunities
In the District of Columbia case Chief Justice War
said the decision in the of the
also would apply to Washington but under different
section of the Constitution.
1--WE hold" Warren said "that racial segregation in
the public schools of the District of Columbia denial
Of the due process of law guaranteed by the Fifth
Amendment to the Constitution. The Fifth Amendment
applies to the federal government and Congress makes
the laws fer this federal district
AS the Chief Justice noted the District of Columbia
hinged the "due process" clause of the Fifth
Amendment rather than the equal protection clause of
the 18th Amendment, on which the state were
based.
The court has ruled that the Fifth Amendment ap-
plies only the federal governmennct TO the states