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

in a law school," In McLaurin
v. Oklahoma State Regents, SUI
pra, the court, in requiring that a
Negro admitted to a white graduate
school be treated like all other
students, again resorted to intangi-
BILE considerations" his ability
to study, engage in discussions and
exchange views with other students,
and in general, to learn his pro-
fession." Such considerations ap-
ply with added force to children
in grade and high schools. To sep
arate them from others of similar
age and qualifications solely be-
cause of their race generates a
feeling of inferiority as to their
status in the community that may
effect their hearts and minds in p
way unlikely ever to be undone.
The effect of this separation on
their educational opportunities was
well stated by finding in the
Kansas case by court which new
ertheless felt compelled to rule
against the Negro plaintiffs:
segregation of white and col
ored children in public school has
a detrimental effect upon the col
ored children. The impact is greater
when it has the sanction of the
law; for the policy of separating
the races is usually interpreted as
denoting the inferiority of the Ne
gro group. A sense of inferiority
affects the motivation of child
to learn. Segregation with the sane
tion of law, therefore, has tend
ency to retard the education of Ne
gro children and to deprive them of
some of the benefits they would re-
ceive in racially integrated school
system"
Whatever may have been the ex-
tent of psychological knowledge at
the time of Plessy v. Ferguson, this
finding is amply supported by mod
ern authority. Any language in
Plessy ". Ferguson contrary to
this finding is rejected. We con-
clude that in the field of public
education the doctrines of "sep-
arate but equal" education has no
place. Separate educational facili-
ties are in herently unequal. There
fore, we hold that the plaintiffs
and others similarly situated for
whom the actions have been
brought are, by reason of the seq
regation complained Of, deprived
of the equal protection of the laws
guaranteed by the Fourteenth
Amendment. This disposition makes
unnecessary any discussion wheth-
err such segregation violates the
due process clause of the Four
teenth Amendment.
Because these are class actions,
because of the wide applicability
of this decision, and because Of the
great variety of local conditions,
the formulation of DEGREES in these
cases presents problems of consid-
cradle complexity. On argument,
the consideration of appropriate
relief was necessarily subordinated
to the primary question the con-
stitutionality of segregation is q
denial of the equal protection OF
the laws. In order that we may
have the full assistance Of the par.
ties in formulating degrees, the
cases will be restored to the docket
and the parties are requested to
present further argument on ques-
lions and 5 previously PROFOUND
ed by the court for the reargu-
ment this term. The attorney is
again invited to participate. The
attorneys general Of the state re.
curing or permitting segregation
in public education will also be per-
mitted to appear as amicicuriae
upon request to do so by Septem.
Der Is. 1854, and submission OF
briefs by October 1, 1854.
r. is On ordered