St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1955-05-06

,ratie patterns in education is
4 States Supreme Courts his
toric anti-segregation decision,
the first anniversary Of which
will be celebrated Tuesday, May
II.
In the twelve months since that
day. information complied by the
National Association for the Ad-
vancement of Colored People in
dioates that school desegregation
has been initiated in the District
OF Columbia and the City OF Balti-
more, In two towns In Arkansas,
20 counties in West Virginia, 80
communities in Missouri. five
towns In Delaware. six cities in
Kansas and scattered communi.
ties in Arizona and New Mexico.
For full year now. public
school segregation has been for
mally recognized by the nations
highest tribunal ms contrary to
our haste law and denial OF "the
equal protection OF tho laws
guaranteed by the Fourteenth
Amendment" In handing down
this decision. the nine Justices Of
the Court unanimously concluded
that in the field OF public educa-
ton the doctrine OF separate but
equal has no place" Further,
they asserted. Separate educa-
tional facilities are inherently UNI
equal"
separate Hut Equal Banncd
This decision laid bare the obso-
lete doctrine of separate but
equal which has shaped racial
patterns in the South since 1895
when the Supreme Court. over the
prophetic dissent OF Justice John
Marshall Harlan, created this
legal fiction. The Constitution Is
color blind" Justice Harlan then
maintained Forty-eight years
later, on May II. last, the Court
unanimously affirmed this minor
ity dissent.
The Court, however, refrained
from handing down DEGREES or
dering state and local authorities
TO proceed forthwith to dcsegre-
gate the schools, Because these
are class actions, because OF wide
applicability OF this decision, and
because OF the great variety OF
local conditions, the formusatip-
OF DEGREES In these cases presents
problems OF considerable COM
plcxity." the Court asserted. Ac-
cordingIy. the Justices asked for
further argument to determine
how and within what time limits
public school segregation was to
be ended.
Argument was heard In
Washington, April lila. with
Thurgood Marshall and his as
sociates contending for n dead
lin. Of September. 1855. to I'm.
pIement the Courts May IL
ruling. The NAACP lawyers
urged the Court TO set Septem-
Der 1856, "as the outside date
by which desegregation must be
accomplished"
Attorneys for the segregation
states urged that no deadline be
determined and that the Federal
District courts be authorized to
settle the issue In the light Of
local conditions. The United
States government, through Soil
citor General Simon F.. Sobeloff.
agreed with the southerners that
the cases should be sent back to
the lower courts without a specif-
fled deadiine. The Solicitor Gen.
erals plan would require local
authorities to submit TO the dis
trict court within 80 days plan
10 end segregation "as soon as
possible" II no plan were sub
mitted the district court then
would be empowered to issue ZAP
propriate orders" STIMULATING de-
segregation by the beginning Of
the next school term.
Voluntary Dcsegregation
Meanwhile. In the II months
since the original Supreme Court
decision and in the absence Of for
NAL DEGREES ending segregation.
what has happenedY Although
the Court branded public school
segregation unconstitutional. It
did not at that time direct any
school system to desegregate.
John NJ. Dalton. attorney general
OF the State OF Missouri. indicated
local school boards were free to
desegregate Immediately, but
were not required to do so until
the Supreme Court formulated Its
DEGREES. Thus any immediate steps
TO desegregate were voluntary.
NAAcP lawyers maintain that
any school hoard NAV procs&d IN